{"id":"qld:act-1986-025","name":"Public Safety Preservation Act 1986","slug":"public-safety-preservation-act-1986","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"25 of 1986","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104934,"registerId":"qld-act-1986-025-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Public Safety Preservation Act 1986 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":null,"content":"### Section sec.2\n\ns 2 om 15 January 1996 RA s 36","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Crown bound","content":"### sec.3 Crown bound\n\nThis Act binds the Crown.","sortOrder":3},{"sectionNumber":"sec.3A","sectionType":"section","heading":"Extraterritorial application of Act","content":"### sec.3A Extraterritorial application of Act\n\nThis Act applies both within and outside Queensland.\nThis Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.\nA senior officer may make a declaration under section 5 that an emergency situation exists, in respect of an area within or outside Queensland, if the officer is satisfied on reasonable grounds that an emergency situation has arisen or is likely to arise in Queensland.\nThe commissioner or deputy commissioner may, under section 8A —\nappoint a police officer to be a terrorist emergency commander if the commissioner or deputy commissioner is satisfied on reasonable grounds that—\nan emergency situation has arisen or is likely to arise in Queensland; and\nthe emergency situation results from or may result from, or may lead to, 1 or more terrorist acts at 1 or more terrorist emergency sites within or outside Queensland; or\nappoint a terrorist emergency forward commander for a terrorist emergency site within or outside Queensland.\nA power relating to an emergency situation, terrorist emergency or CBR emergency may be exercised in relation to an entity, place or thing within or outside Queensland.\nA declaration under section 5 or 8G of an area surrounding a moving activity, or an extraordinary emergency authorisation for an area surrounding a moving activity—\nmay be made even if the area is outside Queensland at the time the declaration is made or the authorisation is given; and\nis not affected if the area moves outside Queensland while the declaration or authorisation is in effect.\nA declaration under section 8GA of a vehicle or an area surrounding a vehicle—\nmay be made even if the vehicle or area is outside Queensland at the time of the declaration; and\nis not affected if the vehicle or area moves outside Queensland while the declaration is in effect.\nSubsections (3) to (7) do not limit subsection (2) .\ns 3A ins 2015 No. 27 s 9\namd 2016 No. 42 s 21 ; 2017 No. 30 s 29\n(sec.3A-ssec.1) This Act applies both within and outside Queensland.\n(sec.3A-ssec.2) This Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.\n(sec.3A-ssec.3) A senior officer may make a declaration under section 5 that an emergency situation exists, in respect of an area within or outside Queensland, if the officer is satisfied on reasonable grounds that an emergency situation has arisen or is likely to arise in Queensland.\n(sec.3A-ssec.4) The commissioner or deputy commissioner may, under section 8A — appoint a police officer to be a terrorist emergency commander if the commissioner or deputy commissioner is satisfied on reasonable grounds that— an emergency situation has arisen or is likely to arise in Queensland; and the emergency situation results from or may result from, or may lead to, 1 or more terrorist acts at 1 or more terrorist emergency sites within or outside Queensland; or appoint a terrorist emergency forward commander for a terrorist emergency site within or outside Queensland.\n(sec.3A-ssec.5) A power relating to an emergency situation, terrorist emergency or CBR emergency may be exercised in relation to an entity, place or thing within or outside Queensland.\n(sec.3A-ssec.6) A declaration under section 5 or 8G of an area surrounding a moving activity, or an extraordinary emergency authorisation for an area surrounding a moving activity— may be made even if the area is outside Queensland at the time the declaration is made or the authorisation is given; and is not affected if the area moves outside Queensland while the declaration or authorisation is in effect.\n(sec.3A-ssec.7) A declaration under section 8GA of a vehicle or an area surrounding a vehicle— may be made even if the vehicle or area is outside Queensland at the time of the declaration; and is not affected if the vehicle or area moves outside Queensland while the declaration is in effect.\n(sec.3A-ssec.8) Subsections (3) to (7) do not limit subsection (2) .\n- (a) appoint a police officer to be a terrorist emergency commander if the commissioner or deputy commissioner is satisfied on reasonable grounds that— (i) an emergency situation has arisen or is likely to arise in Queensland; and (ii) the emergency situation results from or may result from, or may lead to, 1 or more terrorist acts at 1 or more terrorist emergency sites within or outside Queensland; or\n- (i) an emergency situation has arisen or is likely to arise in Queensland; and\n- (ii) the emergency situation results from or may result from, or may lead to, 1 or more terrorist acts at 1 or more terrorist emergency sites within or outside Queensland; or\n- (b) appoint a terrorist emergency forward commander for a terrorist emergency site within or outside Queensland.\n- (i) an emergency situation has arisen or is likely to arise in Queensland; and\n- (ii) the emergency situation results from or may result from, or may lead to, 1 or more terrorist acts at 1 or more terrorist emergency sites within or outside Queensland; or\n- (a) may be made even if the area is outside Queensland at the time the declaration is made or the authorisation is given; and\n- (b) is not affected if the area moves outside Queensland while the declaration or authorisation is in effect.\n- (a) may be made even if the vehicle or area is outside Queensland at the time of the declaration; and\n- (b) is not affected if the vehicle or area moves outside Queensland while the declaration is in effect.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.\ns 4 amd 1995 No. 58 s 4 sch 1 ; 2003 No. 46 s 4 (1)\nNote—s 4 previously contained definitions for this Act. Definitions are now located in the schedule (Dictionary).","sortOrder":5},{"sectionNumber":"sec.4A","sectionType":"section","heading":"Relationship with another declaration under another Act","content":"### sec.4A Relationship with another declaration under another Act\n\nThis Act does not prevent a person from declaring a state of disaster or another emergency under another Act.\nThe existence of another declaration under another Act does not prevent the making of a declaration, or the exercise of powers, under this Act.\nDisaster Management Act 2003\ns 4A ins 2003 No. 46 s 5\nsub 2007 No. 34 s 9\n(sec.4A-ssec.1) This Act does not prevent a person from declaring a state of disaster or another emergency under another Act.\n(sec.4A-ssec.2) The existence of another declaration under another Act does not prevent the making of a declaration, or the exercise of powers, under this Act. Disaster Management Act 2003","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Emergency situation","content":"# Emergency situation","sortOrder":7},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Declarations and delegations","content":"## Declarations and delegations","sortOrder":8},{"sectionNumber":"sec.5","sectionType":"section","heading":"Declaration of emergency situation","content":"### sec.5 Declaration of emergency situation\n\nSubject to section 6 , if at any time a senior officer (the emergency commander ) is satisfied on reasonable grounds that an emergency situation has arisen or is likely to arise the senior officer may declare that an emergency situation exists in respect of an area specified by the senior officer.\nWithout limiting subsection (1) , the specified area may be any description of area surrounding a moving activity.\nan area within a stated distance of a stated moving motor vehicle or vessel\nan area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way\nAs soon as practicable after making the declaration, the emergency commander must issue a certificate (an emergency situation certificate ) signed by the commander stating—\nthat an emergency situation has been declared to exist; and\nthe nature of the emergency situation; and\nthe date and time the emergency situation was declared to exist; and\nthe area in respect of which the emergency situation exists.\nThe declaration that an emergency situation exists shall continue until revoked by the emergency commander or, if the emergency commander is unavailable, another senior officer.\nThe emergency commander or, if the emergency commander is unavailable, another senior officer, shall as soon as practicable thereafter, note the date and time of the revocation on the emergency situation certificate.\nThe commissioner must keep the emergency situation certificate for at least 6 years.\ns 5 amd 1995 No. 58 s 4 sch 1 ; 2003 No. 46 s 6 ; 2007 No. 34 ss 10 , 7 sch ; 2010 No. 40 s 44 ; 2016 No. 42 ss 23 , 70 sch 1 ; 2017 No. 30 s 30\n(sec.5-ssec.1) Subject to section 6 , if at any time a senior officer (the emergency commander ) is satisfied on reasonable grounds that an emergency situation has arisen or is likely to arise the senior officer may declare that an emergency situation exists in respect of an area specified by the senior officer.\n(sec.5-ssec.2) Without limiting subsection (1) , the specified area may be any description of area surrounding a moving activity. an area within a stated distance of a stated moving motor vehicle or vessel an area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way\n(sec.5-ssec.3) As soon as practicable after making the declaration, the emergency commander must issue a certificate (an emergency situation certificate ) signed by the commander stating— that an emergency situation has been declared to exist; and the nature of the emergency situation; and the date and time the emergency situation was declared to exist; and the area in respect of which the emergency situation exists.\n(sec.5-ssec.4) The declaration that an emergency situation exists shall continue until revoked by the emergency commander or, if the emergency commander is unavailable, another senior officer.\n(sec.5-ssec.5) The emergency commander or, if the emergency commander is unavailable, another senior officer, shall as soon as practicable thereafter, note the date and time of the revocation on the emergency situation certificate.\n(sec.5-ssec.6) The commissioner must keep the emergency situation certificate for at least 6 years.\n- • an area within a stated distance of a stated moving motor vehicle or vessel\n- • an area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way\n- (a) that an emergency situation has been declared to exist; and\n- (b) the nature of the emergency situation; and\n- (c) the date and time the emergency situation was declared to exist; and\n- (d) the area in respect of which the emergency situation exists.","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"Effect of declaration under Disaster Management Act 2003","content":"### sec.6 Effect of declaration under Disaster Management Act 2003\n\nA declaration under section 5 in force when a disaster situation is declared under the Disaster Management Act 2003 must be revoked by the emergency commander or, if the emergency commander is unavailable, by another senior officer, unless the emergency commander or other senior officer believes on reasonable grounds that it is necessary for the declaration under section 5 to remain in force.\ns 6 amd 1995 No. 58 s 4 sch 1 ; 2003 No. 19 s 3 sch ; 2003 No. 91 s 175 sch 1 ; 2007 No. 34 s 7 sch\nsub 2010 No. 40 s 45\namd 2017 No. 30 s 31","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Delegation of power for particular periods","content":"### sec.7 Delegation of power for particular periods\n\nThis section only applies for any period for which the emergency commander is not acting as the emergency commander.\nThe emergency commander may delegate the commander’s functions under this Act, including the power to subdelegate functions, to an appropriately qualified police officer.\nThe power to delegate does not include the power to delegate the function to—\nissue an emergency situation certificate; or\nmake a note under section 5 (5) , 8AT (b) or 8AW (2) (a) on an emergency situation certificate.\nFor each delegation, the emergency commander must attach to the emergency situation certificate a copy of each written instrument mentioned in the Acts Interpretation Act 1954 , section 27A (3) and a statement outlining any revocation of the delegation.\nWithout limiting the Acts Interpretation Act 1954 , section 27A , if a delegation is in force at the end of the declaration of the emergency situation, the delegation ends.\nIn this section—\nfunctions includes powers.\ns 7 amd 1995 No. 58 s 4 sch 1 ; 2003 No. 46 s 7\nsub 2007 No. 34 s 11\namd 2016 No. 42 s 24 ; 2017 No. 30 s 32\n(sec.7-ssec.1) This section only applies for any period for which the emergency commander is not acting as the emergency commander.\n(sec.7-ssec.2) The emergency commander may delegate the commander’s functions under this Act, including the power to subdelegate functions, to an appropriately qualified police officer.\n(sec.7-ssec.3) The power to delegate does not include the power to delegate the function to— issue an emergency situation certificate; or make a note under section 5 (5) , 8AT (b) or 8AW (2) (a) on an emergency situation certificate.\n(sec.7-ssec.4) For each delegation, the emergency commander must attach to the emergency situation certificate a copy of each written instrument mentioned in the Acts Interpretation Act 1954 , section 27A (3) and a statement outlining any revocation of the delegation.\n(sec.7-ssec.5) Without limiting the Acts Interpretation Act 1954 , section 27A , if a delegation is in force at the end of the declaration of the emergency situation, the delegation ends.\n(sec.7-ssec.6) In this section— functions includes powers.\n- (a) issue an emergency situation certificate; or\n- (b) make a note under section 5 (5) , 8AT (b) or 8AW (2) (a) on an emergency situation certificate.","sortOrder":11},{"sectionNumber":"sec.7A","sectionType":"section","heading":"Delegation of power to require information","content":"### sec.7A Delegation of power to require information\n\nThe emergency commander may delegate the power conferred under section 8AE to an appropriately qualified police officer, including the power to subdelegate that power to another appropriately qualified police officer.\nFor each delegation, the emergency commander must attach to the emergency situation certificate a copy of each written instrument mentioned in the Acts Interpretation Act 1954 , section 27A (3) and a statement outlining any revocation of the delegation.\nWithout limiting the Acts Interpretation Act 1954 , section 27A , if a delegation is in force at the end of the declaration of the emergency situation, the delegation ends.\ns 7A ins 2016 No. 42 s 25\n(sec.7A-ssec.1) The emergency commander may delegate the power conferred under section 8AE to an appropriately qualified police officer, including the power to subdelegate that power to another appropriately qualified police officer.\n(sec.7A-ssec.2) For each delegation, the emergency commander must attach to the emergency situation certificate a copy of each written instrument mentioned in the Acts Interpretation Act 1954 , section 27A (3) and a statement outlining any revocation of the delegation.\n(sec.7A-ssec.3) Without limiting the Acts Interpretation Act 1954 , section 27A , if a delegation is in force at the end of the declaration of the emergency situation, the delegation ends.","sortOrder":12},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Powers for area in which emergency situation exists","content":"## Powers for area in which emergency situation exists","sortOrder":13},{"sectionNumber":"sec.8","sectionType":"section","heading":"General powers","content":"### sec.8 General powers\n\nWhere during the period of and in the area specified in respect of an emergency situation the emergency commander is satisfied on reasonable grounds that it is necessary to effectively deal with that emergency situation he or she (and any other police officer acting on his or her instructions) may—\ndirect the owner or the person for the time being in charge or in control of any resource to surrender it and place it under the emergency commander’s or police officer’s control ( resource surrender direction );\ntake control of any resource, whether it is in the charge or control of any person or not;\nin respect of any resource under the emergency commander’s or police officer’s control, direct any person who is capable of operating that resource to operate it as directed by him or her ( resource operator direction );\ndirect the evacuation and exclusion of any person or persons from any premises and for this purpose may remove or cause to be removed (using such force as is necessary for that purpose) any person who does not comply with a direction to evacuate or any person who enters, attempts to enter or is found in or on any premises in respect of which a direction for the exclusion of persons has been given;\nclose or cause to be closed to traffic and pedestrians, any road, street, motorway, private road, private way, service lane, footway, right of way, access way or other way or close any place to which members of the public have access whether on payment of a fee or otherwise;\nenter or cause to be entered (using such force as is necessary for that purpose) any premises;\nsearch or cause to be searched (using such force as is necessary for that purpose) any premises and anything found therein or thereon;\nremove or cause to be removed from any premises (using such force as is necessary for that purpose) any animal or anything;\ndirect any person to assist him or her in the manner specified by him or her ( help direction );\ndestroy an explosive that is found in the area specified in respect of the emergency situation.\nThe emergency commander or police officer must not give a resource operator direction or a help direction to a person if giving the direction would expose the person to imminent danger.\nA person given a resource surrender direction, a resource operator direction or a help direction must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty for subsection (3) —40 penalty units or 1 year’s imprisonment.\ns 8 amd 1995 No. 58 s 4 sch 1 ; 2003 No. 46 s 8 ; 2007 No. 34 s 7 sch ; 2016 No. 42 s 27 ; 2017 No. 30 s 33\n(sec.8-ssec.1) Where during the period of and in the area specified in respect of an emergency situation the emergency commander is satisfied on reasonable grounds that it is necessary to effectively deal with that emergency situation he or she (and any other police officer acting on his or her instructions) may— direct the owner or the person for the time being in charge or in control of any resource to surrender it and place it under the emergency commander’s or police officer’s control ( resource surrender direction ); take control of any resource, whether it is in the charge or control of any person or not; in respect of any resource under the emergency commander’s or police officer’s control, direct any person who is capable of operating that resource to operate it as directed by him or her ( resource operator direction ); direct the evacuation and exclusion of any person or persons from any premises and for this purpose may remove or cause to be removed (using such force as is necessary for that purpose) any person who does not comply with a direction to evacuate or any person who enters, attempts to enter or is found in or on any premises in respect of which a direction for the exclusion of persons has been given; close or cause to be closed to traffic and pedestrians, any road, street, motorway, private road, private way, service lane, footway, right of way, access way or other way or close any place to which members of the public have access whether on payment of a fee or otherwise; enter or cause to be entered (using such force as is necessary for that purpose) any premises; search or cause to be searched (using such force as is necessary for that purpose) any premises and anything found therein or thereon; remove or cause to be removed from any premises (using such force as is necessary for that purpose) any animal or anything; direct any person to assist him or her in the manner specified by him or her ( help direction ); destroy an explosive that is found in the area specified in respect of the emergency situation.\n(sec.8-ssec.2) The emergency commander or police officer must not give a resource operator direction or a help direction to a person if giving the direction would expose the person to imminent danger.\n(sec.8-ssec.3) A person given a resource surrender direction, a resource operator direction or a help direction must comply with the direction, unless the person has a reasonable excuse. Maximum penalty for subsection (3) —40 penalty units or 1 year’s imprisonment.\n- (a) direct the owner or the person for the time being in charge or in control of any resource to surrender it and place it under the emergency commander’s or police officer’s control ( resource surrender direction );\n- (b) take control of any resource, whether it is in the charge or control of any person or not;\n- (c) in respect of any resource under the emergency commander’s or police officer’s control, direct any person who is capable of operating that resource to operate it as directed by him or her ( resource operator direction );\n- (d) direct the evacuation and exclusion of any person or persons from any premises and for this purpose may remove or cause to be removed (using such force as is necessary for that purpose) any person who does not comply with a direction to evacuate or any person who enters, attempts to enter or is found in or on any premises in respect of which a direction for the exclusion of persons has been given;\n- (e) close or cause to be closed to traffic and pedestrians, any road, street, motorway, private road, private way, service lane, footway, right of way, access way or other way or close any place to which members of the public have access whether on payment of a fee or otherwise;\n- (f) enter or cause to be entered (using such force as is necessary for that purpose) any premises;\n- (g) search or cause to be searched (using such force as is necessary for that purpose) any premises and anything found therein or thereon;\n- (h) remove or cause to be removed from any premises (using such force as is necessary for that purpose) any animal or anything;\n- (i) direct any person to assist him or her in the manner specified by him or her ( help direction );\n- (j) destroy an explosive that is found in the area specified in respect of the emergency situation.","sortOrder":14},{"sectionNumber":"sec.8AAA","sectionType":"section","heading":"Requirements for destruction of explosives","content":"### sec.8AAA Requirements for destruction of explosives\n\nSubsection (2) applies if the destruction of an explosive under section 8 (1) (j) by the emergency commander or another police officer is likely to cause structural damage to a building.\nBefore destroying the explosive, the emergency commander or police officer must obtain the approval of a State police officer of at least the rank of assistant commissioner, if it is reasonably practicable to do so.\nSubsection (4) applies if—\nthe emergency commander or another police officer destroys an explosive under section 8 (1) (j) without approval under subsection (2) ; and\nthe destruction causes structural damage to a building.\nThe emergency commander or police officer must, as soon as reasonably practicable, inform a State police officer of at least the rank of assistant commissioner of the destruction and the structural damage.\ns 8AAA ins 2017 No. 30 s 34\n(sec.8AAA-ssec.1) Subsection (2) applies if the destruction of an explosive under section 8 (1) (j) by the emergency commander or another police officer is likely to cause structural damage to a building.\n(sec.8AAA-ssec.2) Before destroying the explosive, the emergency commander or police officer must obtain the approval of a State police officer of at least the rank of assistant commissioner, if it is reasonably practicable to do so.\n(sec.8AAA-ssec.3) Subsection (4) applies if— the emergency commander or another police officer destroys an explosive under section 8 (1) (j) without approval under subsection (2) ; and the destruction causes structural damage to a building.\n(sec.8AAA-ssec.4) The emergency commander or police officer must, as soon as reasonably practicable, inform a State police officer of at least the rank of assistant commissioner of the destruction and the structural damage.\n- (a) the emergency commander or another police officer destroys an explosive under section 8 (1) (j) without approval under subsection (2) ; and\n- (b) the destruction causes structural damage to a building.","sortOrder":15},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Power to require information","content":"## Power to require information","sortOrder":16},{"sectionNumber":"sec.8AA","sectionType":"section","heading":"Definitions for division","content":"### sec.8AA Definitions for division\n\nIn this division—\nauthorised person , for an information matter, see section 8AB .\ndisclosure notice see section 8AL (2) .\ndisclosure recipient see section 8AD .\nemployer , of a person, means the person who employs the person or by whom the person is engaged.\ngive , in relation to information, includes carry out a procedure to generate the information.\ninformation includes a document.\ninformation matter means—\nthe fact an information requirement is made of a person; or\nthe nature of the information sought under an information requirement that is made of a person.\ninformation requirement see section 8AE (3) .\nmanager , of a person, means a person who is employed or engaged by the same entity as the person and who manages or supervises the person’s work.\nrelevant officer see section 8AL (4) .\nunauthorised person , for an information matter, see section 8AC .\nwork-related information , for a person of whom an information requirement is made, means information that is held, or is to be collected, by an entity by which the person is employed or engaged.\ns 8AA ins 2016 No. 42 s 28\n- (a) the fact an information requirement is made of a person; or\n- (b) the nature of the information sought under an information requirement that is made of a person.","sortOrder":17},{"sectionNumber":"sec.8AB","sectionType":"section","heading":"Meaning of authorised person","content":"### sec.8AB Meaning of authorised person\n\nAn authorised person , for an information matter, is—\na person who has been given a disclosure notice authorising the disclosure of the information matter to the person; or\nSee subdivision 4 for the giving of disclosure notices.\na police officer to whom an information matter must, or may, be disclosed under this Act.\ns 8AB ins 2016 No. 42 s 28\n- (a) a person who has been given a disclosure notice authorising the disclosure of the information matter to the person; or Note— See subdivision 4 for the giving of disclosure notices.\n- (b) a police officer to whom an information matter must, or may, be disclosed under this Act.","sortOrder":18},{"sectionNumber":"sec.8AC","sectionType":"section","heading":"Meaning of unauthorised person","content":"### sec.8AC Meaning of unauthorised person\n\nAn unauthorised person , for an information matter, is a person other than an authorised person for the information matter.\nSee subdivision 3 for the restrictions on disclosing an information matter to an unauthorised person.\ns 8AC ins 2016 No. 42 s 28\n(sec.8AC-ssec) An unauthorised person , for an information matter, is a person other than an authorised person for the information matter.","sortOrder":19},{"sectionNumber":"sec.8AD","sectionType":"section","heading":"Meaning of disclosure recipient","content":"### sec.8AD Meaning of disclosure recipient\n\nA disclosure recipient is a person to whom an information matter is disclosed.\nFor subsection (1) , it does not matter whether the disclosure of the information matter to the person—\nis made by a person of whom an information requirement is made or another disclosure recipient; or\nis made lawfully or otherwise.\nA disclosure recipient may be an authorised person, or an unauthorised person, for the information matter that is disclosed to the disclosure recipient.\nHowever, a person to whom an information matter is disclosed is not a disclosure recipient if the disclosure is made to the person—\nbecause the person is a police officer mentioned in any of the following sections—\nsection 8AE (2) ;\nsection 8AF (3) , definition relevant matters , paragraph (h) or (i) ;\nsection 8AN (3) , definition relevant matters , paragraph (j) or (k) ; or\nfor the purpose of receiving or investigating a complaint to a State police officer or the Crime and Corruption Commission.\ns 8AD ins 2016 No. 42 s 28\n(sec.8AD-ssec.1) A disclosure recipient is a person to whom an information matter is disclosed.\n(sec.8AD-ssec.2) For subsection (1) , it does not matter whether the disclosure of the information matter to the person— is made by a person of whom an information requirement is made or another disclosure recipient; or is made lawfully or otherwise. A disclosure recipient may be an authorised person, or an unauthorised person, for the information matter that is disclosed to the disclosure recipient.\n(sec.8AD-ssec.3) However, a person to whom an information matter is disclosed is not a disclosure recipient if the disclosure is made to the person— because the person is a police officer mentioned in any of the following sections— section 8AE (2) ; section 8AF (3) , definition relevant matters , paragraph (h) or (i) ; section 8AN (3) , definition relevant matters , paragraph (j) or (k) ; or for the purpose of receiving or investigating a complaint to a State police officer or the Crime and Corruption Commission.\n- (a) is made by a person of whom an information requirement is made or another disclosure recipient; or\n- (b) is made lawfully or otherwise.\n- (a) because the person is a police officer mentioned in any of the following sections— (i) section 8AE (2) ; (ii) section 8AF (3) , definition relevant matters , paragraph (h) or (i) ; (iii) section 8AN (3) , definition relevant matters , paragraph (j) or (k) ; or\n- (i) section 8AE (2) ;\n- (ii) section 8AF (3) , definition relevant matters , paragraph (h) or (i) ;\n- (iii) section 8AN (3) , definition relevant matters , paragraph (j) or (k) ; or\n- (b) for the purpose of receiving or investigating a complaint to a State police officer or the Crime and Corruption Commission.\n- (i) section 8AE (2) ;\n- (ii) section 8AF (3) , definition relevant matters , paragraph (h) or (i) ;\n- (iii) section 8AN (3) , definition relevant matters , paragraph (j) or (k) ; or","sortOrder":20},{"sectionNumber":"sec.8AE","sectionType":"section","heading":"Making of information requirement","content":"### sec.8AE Making of information requirement\n\nThis section applies if, during the period of an emergency situation, the emergency commander is satisfied on reasonable grounds that—\na person may be able to give information that is necessary to manage or resolve the emergency situation; and\na designated person under the Hospital and Health Boards Act 2011 , part 7\na person who is responsible for a biometric identification system\nit is not practicable, in the circumstances of the emergency situation, to obtain the information from the person other than under this subdivision.\nThe emergency commander or a police officer acting on the emergency commander’s instructions may require the person to give the information to—\nthe emergency commander or police officer; or\nanother police officer, who may be described by name or by reference to an officer performing a stated function.\nA requirement under subsection (2) is an information requirement .\nAn information requirement—\nmust be made by written notice; or\nif it is not reasonably practicable in the circumstances to give written notice—may be made orally, but must be confirmed in writing as soon as reasonably practicable after it is made.\nBecause the information is required urgently, the police officer does not have time to return to the station to complete a written notice.\nAn information requirement may require the person to give the information—\neither—\nif it would be reasonable in the circumstances to require the person to give the information immediately—immediately; or\notherwise—by a stated reasonable time and in a stated reasonable way; or\ntelephoning a stated telephone number to give the information by telephone\nemailing a document to a stated email address\nby attending at a stated reasonable time and place to answer questions or produce documents.\nAlso, an information requirement may require the person to give the information on an ongoing basis during the period of the emergency situation.\nHowever, the emergency commander or police officer may not under this section require the person to give the information if the emergency commander or police officer reasonably suspects the person has committed an indictable offence that is directly related to the emergency situation.\nSee the Police Powers and Responsibilities Act 2000 for the powers to question a person suspected of having committed an indictable offence.\nFor information that is included in an electronic document, compliance with the information requirement requires—\nthe giving of a clear image or written version of the electronic document; or\nthe giving of the information in a format that is able to be accessed by the emergency commander or police officer.\ngiving a digital file of CCTV footage that is able to be played on a computer\nIf the information requirement is current at the end of the declaration of the emergency situation, the information requirement ends.\ns 8AE ins 2016 No. 42 s 28\namd 2023 No. 23 s 247 sch 1 s 33\n(sec.8AE-ssec.1) This section applies if, during the period of an emergency situation, the emergency commander is satisfied on reasonable grounds that— a person may be able to give information that is necessary to manage or resolve the emergency situation; and a designated person under the Hospital and Health Boards Act 2011 , part 7 a person who is responsible for a biometric identification system it is not practicable, in the circumstances of the emergency situation, to obtain the information from the person other than under this subdivision.\n(sec.8AE-ssec.2) The emergency commander or a police officer acting on the emergency commander’s instructions may require the person to give the information to— the emergency commander or police officer; or another police officer, who may be described by name or by reference to an officer performing a stated function.\n(sec.8AE-ssec.3) A requirement under subsection (2) is an information requirement .\n(sec.8AE-ssec.4) An information requirement— must be made by written notice; or if it is not reasonably practicable in the circumstances to give written notice—may be made orally, but must be confirmed in writing as soon as reasonably practicable after it is made. Because the information is required urgently, the police officer does not have time to return to the station to complete a written notice.\n(sec.8AE-ssec.5) An information requirement may require the person to give the information— either— if it would be reasonable in the circumstances to require the person to give the information immediately—immediately; or otherwise—by a stated reasonable time and in a stated reasonable way; or telephoning a stated telephone number to give the information by telephone emailing a document to a stated email address by attending at a stated reasonable time and place to answer questions or produce documents.\n(sec.8AE-ssec.6) Also, an information requirement may require the person to give the information on an ongoing basis during the period of the emergency situation.\n(sec.8AE-ssec.7) However, the emergency commander or police officer may not under this section require the person to give the information if the emergency commander or police officer reasonably suspects the person has committed an indictable offence that is directly related to the emergency situation. See the Police Powers and Responsibilities Act 2000 for the powers to question a person suspected of having committed an indictable offence.\n(sec.8AE-ssec.8) For information that is included in an electronic document, compliance with the information requirement requires— the giving of a clear image or written version of the electronic document; or the giving of the information in a format that is able to be accessed by the emergency commander or police officer. giving a digital file of CCTV footage that is able to be played on a computer\n(sec.8AE-ssec.9) If the information requirement is current at the end of the declaration of the emergency situation, the information requirement ends.\n- (a) a person may be able to give information that is necessary to manage or resolve the emergency situation; and Examples of persons who may be able to give information that is necessary to manage or resolve the emergency situation— • a designated person under the Hospital and Health Boards Act 2011 , part 7 • a person who is responsible for a biometric identification system\n- • a designated person under the Hospital and Health Boards Act 2011 , part 7\n- • a person who is responsible for a biometric identification system\n- (b) it is not practicable, in the circumstances of the emergency situation, to obtain the information from the person other than under this subdivision.\n- • a designated person under the Hospital and Health Boards Act 2011 , part 7\n- • a person who is responsible for a biometric identification system\n- (a) the emergency commander or police officer; or\n- (b) another police officer, who may be described by name or by reference to an officer performing a stated function.\n- (a) must be made by written notice; or\n- (b) if it is not reasonably practicable in the circumstances to give written notice—may be made orally, but must be confirmed in writing as soon as reasonably practicable after it is made. Example— Because the information is required urgently, the police officer does not have time to return to the station to complete a written notice.\n- (a) either— (i) if it would be reasonable in the circumstances to require the person to give the information immediately—immediately; or (ii) otherwise—by a stated reasonable time and in a stated reasonable way; or Examples of a reasonable way in which the information may be required to be given— • telephoning a stated telephone number to give the information by telephone • emailing a document to a stated email address\n- (i) if it would be reasonable in the circumstances to require the person to give the information immediately—immediately; or\n- (ii) otherwise—by a stated reasonable time and in a stated reasonable way; or Examples of a reasonable way in which the information may be required to be given— • telephoning a stated telephone number to give the information by telephone • emailing a document to a stated email address\n- • telephoning a stated telephone number to give the information by telephone\n- • emailing a document to a stated email address\n- (b) by attending at a stated reasonable time and place to answer questions or produce documents.\n- (i) if it would be reasonable in the circumstances to require the person to give the information immediately—immediately; or\n- (ii) otherwise—by a stated reasonable time and in a stated reasonable way; or Examples of a reasonable way in which the information may be required to be given— • telephoning a stated telephone number to give the information by telephone • emailing a document to a stated email address\n- • telephoning a stated telephone number to give the information by telephone\n- • emailing a document to a stated email address\n- • telephoning a stated telephone number to give the information by telephone\n- • emailing a document to a stated email address\n- (a) the giving of a clear image or written version of the electronic document; or\n- (b) the giving of the information in a format that is able to be accessed by the emergency commander or police officer. Example— giving a digital file of CCTV footage that is able to be played on a computer","sortOrder":21},{"sectionNumber":"sec.8AF","sectionType":"section","heading":"Person to be informed of relevant matters","content":"### sec.8AF Person to be informed of relevant matters\n\nIf an information requirement is made of a person by written notice, the notice must state the relevant matters.\nIf an information requirement is made of a person orally, the emergency commander or a police officer acting on the emergency commander’s instructions must, when making the requirement of the person, tell the person the relevant matters.\nIn this section—\nrelevant matters , in relation to an information requirement that is made of a person, means each of the following—\nan emergency situation has been declared to exist;\nit is an offence for the person not to comply with the information requirement unless the person has a reasonable excuse;\nit is a reasonable excuse for the person not to give the information if—\nfor an individual—giving the information might tend to incriminate the individual or expose the individual to a penalty; or\nthe information is the subject of legal professional privilege;\nit is an offence for the person to give information the person knows is false or misleading in a material particular unless, when giving information in a document, the person—\ntells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information;\nit is an offence for the person to disclose an information matter to an unauthorised person for the information matter unless the person has a reasonable excuse;\nthe maximum penalty for committing an offence in relation to the information requirement, with and without a circumstance of aggravation;\nthe name, rank, registered number and station of the emergency commander or police officer making the information requirement;\nthe contact details of a police officer who may be contacted about the information requirement;\na stated police officer\na police officer performing a stated function\nif the person wishes to disclose an information matter to another person, the person may ask the emergency commander or police officer, or the police officer mentioned in paragraph (h) , to give the other person a disclosure notice authorising the disclosure of the information matter to the other person for a stated purpose;\na police officer may give the person a written notice under section 8AK , including by email from a Queensland Police Service email account, stating that the person is no longer prohibited from disclosing an information matter to other persons;\nif, during the period of the emergency situation, the person is not given a notice mentioned in paragraph (j) , a police officer will inform the person when the emergency situation has ended.\ns 8AF ins 2016 No. 42 s 28\n(sec.8AF-ssec.1) If an information requirement is made of a person by written notice, the notice must state the relevant matters.\n(sec.8AF-ssec.2) If an information requirement is made of a person orally, the emergency commander or a police officer acting on the emergency commander’s instructions must, when making the requirement of the person, tell the person the relevant matters.\n(sec.8AF-ssec.3) In this section— relevant matters , in relation to an information requirement that is made of a person, means each of the following— an emergency situation has been declared to exist; it is an offence for the person not to comply with the information requirement unless the person has a reasonable excuse; it is a reasonable excuse for the person not to give the information if— for an individual—giving the information might tend to incriminate the individual or expose the individual to a penalty; or the information is the subject of legal professional privilege; it is an offence for the person to give information the person knows is false or misleading in a material particular unless, when giving information in a document, the person— tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information; it is an offence for the person to disclose an information matter to an unauthorised person for the information matter unless the person has a reasonable excuse; the maximum penalty for committing an offence in relation to the information requirement, with and without a circumstance of aggravation; the name, rank, registered number and station of the emergency commander or police officer making the information requirement; the contact details of a police officer who may be contacted about the information requirement; a stated police officer a police officer performing a stated function if the person wishes to disclose an information matter to another person, the person may ask the emergency commander or police officer, or the police officer mentioned in paragraph (h) , to give the other person a disclosure notice authorising the disclosure of the information matter to the other person for a stated purpose; a police officer may give the person a written notice under section 8AK , including by email from a Queensland Police Service email account, stating that the person is no longer prohibited from disclosing an information matter to other persons; if, during the period of the emergency situation, the person is not given a notice mentioned in paragraph (j) , a police officer will inform the person when the emergency situation has ended.\n- (a) an emergency situation has been declared to exist;\n- (b) it is an offence for the person not to comply with the information requirement unless the person has a reasonable excuse;\n- (c) it is a reasonable excuse for the person not to give the information if— (i) for an individual—giving the information might tend to incriminate the individual or expose the individual to a penalty; or (ii) the information is the subject of legal professional privilege;\n- (i) for an individual—giving the information might tend to incriminate the individual or expose the individual to a penalty; or\n- (ii) the information is the subject of legal professional privilege;\n- (d) it is an offence for the person to give information the person knows is false or misleading in a material particular unless, when giving information in a document, the person— (i) tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and (ii) if the person has, or can reasonably obtain, the correct information—gives the correct information;\n- (i) tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and\n- (ii) if the person has, or can reasonably obtain, the correct information—gives the correct information;\n- (e) it is an offence for the person to disclose an information matter to an unauthorised person for the information matter unless the person has a reasonable excuse;\n- (f) the maximum penalty for committing an offence in relation to the information requirement, with and without a circumstance of aggravation;\n- (g) the name, rank, registered number and station of the emergency commander or police officer making the information requirement;\n- (h) the contact details of a police officer who may be contacted about the information requirement; Examples of a police officer who may be contacted about the information requirement— • a stated police officer • a police officer performing a stated function\n- • a stated police officer\n- • a police officer performing a stated function\n- (i) if the person wishes to disclose an information matter to another person, the person may ask the emergency commander or police officer, or the police officer mentioned in paragraph (h) , to give the other person a disclosure notice authorising the disclosure of the information matter to the other person for a stated purpose;\n- (j) a police officer may give the person a written notice under section 8AK , including by email from a Queensland Police Service email account, stating that the person is no longer prohibited from disclosing an information matter to other persons;\n- (k) if, during the period of the emergency situation, the person is not given a notice mentioned in paragraph (j) , a police officer will inform the person when the emergency situation has ended.\n- (i) for an individual—giving the information might tend to incriminate the individual or expose the individual to a penalty; or\n- (ii) the information is the subject of legal professional privilege;\n- (i) tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and\n- (ii) if the person has, or can reasonably obtain, the correct information—gives the correct information;\n- • a stated police officer\n- • a police officer performing a stated function","sortOrder":22},{"sectionNumber":"sec.8AG","sectionType":"section","heading":"Offence to contravene information requirement","content":"### sec.8AG Offence to contravene information requirement\n\nA person of whom an information requirement is made must comply with the information requirement unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units or 1 year’s imprisonment.\nIt is a reasonable excuse for the person not to give the information if—\nfor an individual—giving the information might tend to incriminate the individual or expose the individual to a penalty; or\nthe information is the subject of legal professional privilege.\nSubsection (2) does not limit what is a reasonable excuse.\nIt is a defence to a prosecution for an offence against subsection (1) for the person to prove the person—\ncould not reasonably comply with the information requirement within the period stated in the requirement; and\ntook reasonable steps to comply with the information requirement; and\ngave the information sought under the information requirement as soon as practicable after the period for compliance stated in the requirement.\nSubsection (1) applies despite any requirement to maintain confidentiality or other restriction on giving the information, whether imposed under an Act or a rule of law, unless the Act expressly overrides this section.\nSee section 8AQ for the person’s protection from liability for giving the information.\nA person commits a crime if the person commits an offence against subsection (1) in circumstances where the person—\nintends to—\nseriously endanger the health or safety of any person; or\ncause serious damage to property; or\ncause serious pollution of the environment; or\nseriously prejudice the effective management or resolution of the emergency situation; or\nknows that, or is reckless as to whether, the person’s noncompliance with the information requirement is likely to—\nseriously endanger the health or safety of any person; or\ncause serious damage to property; or\ncause serious pollution of the environment; or\nseriously prejudice the effective management or resolution of the emergency situation.\nMaximum penalty—10 years imprisonment.\ns 8AG ins 2016 No. 42 s 28\n(sec.8AG-ssec.1) A person of whom an information requirement is made must comply with the information requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units or 1 year’s imprisonment.\n(sec.8AG-ssec.2) It is a reasonable excuse for the person not to give the information if— for an individual—giving the information might tend to incriminate the individual or expose the individual to a penalty; or the information is the subject of legal professional privilege.\n(sec.8AG-ssec.3) Subsection (2) does not limit what is a reasonable excuse.\n(sec.8AG-ssec.4) It is a defence to a prosecution for an offence against subsection (1) for the person to prove the person— could not reasonably comply with the information requirement within the period stated in the requirement; and took reasonable steps to comply with the information requirement; and gave the information sought under the information requirement as soon as practicable after the period for compliance stated in the requirement.\n(sec.8AG-ssec.5) Subsection (1) applies despite any requirement to maintain confidentiality or other restriction on giving the information, whether imposed under an Act or a rule of law, unless the Act expressly overrides this section. See section 8AQ for the person’s protection from liability for giving the information.\n(sec.8AG-ssec.6) A person commits a crime if the person commits an offence against subsection (1) in circumstances where the person— intends to— seriously endanger the health or safety of any person; or cause serious damage to property; or cause serious pollution of the environment; or seriously prejudice the effective management or resolution of the emergency situation; or knows that, or is reckless as to whether, the person’s noncompliance with the information requirement is likely to— seriously endanger the health or safety of any person; or cause serious damage to property; or cause serious pollution of the environment; or seriously prejudice the effective management or resolution of the emergency situation. Maximum penalty—10 years imprisonment.\n- (a) for an individual—giving the information might tend to incriminate the individual or expose the individual to a penalty; or\n- (b) the information is the subject of legal professional privilege.\n- (a) could not reasonably comply with the information requirement within the period stated in the requirement; and\n- (b) took reasonable steps to comply with the information requirement; and\n- (c) gave the information sought under the information requirement as soon as practicable after the period for compliance stated in the requirement.\n- (a) intends to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation; or\n- (i) seriously endanger the health or safety of any person; or\n- (ii) cause serious damage to property; or\n- (iii) cause serious pollution of the environment; or\n- (iv) seriously prejudice the effective management or resolution of the emergency situation; or\n- (b) knows that, or is reckless as to whether, the person’s noncompliance with the information requirement is likely to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation.\n- (i) seriously endanger the health or safety of any person; or\n- (ii) cause serious damage to property; or\n- (iii) cause serious pollution of the environment; or\n- (iv) seriously prejudice the effective management or resolution of the emergency situation.\n- (i) seriously endanger the health or safety of any person; or\n- (ii) cause serious damage to property; or\n- (iii) cause serious pollution of the environment; or\n- (iv) seriously prejudice the effective management or resolution of the emergency situation; or\n- (i) seriously endanger the health or safety of any person; or\n- (ii) cause serious damage to property; or\n- (iii) cause serious pollution of the environment; or\n- (iv) seriously prejudice the effective management or resolution of the emergency situation.","sortOrder":23},{"sectionNumber":"sec.8AH","sectionType":"section","heading":"Offence to give false or misleading information","content":"### sec.8AH Offence to give false or misleading information\n\nA person of whom an information requirement is made must not give the nominated officer information the person knows is false or misleading in a material particular.\nMaximum penalty—40 penalty units or 1 year’s imprisonment.\nSubsection (1) does not apply to a person if the person, when giving information in a document—\ntells the nominated officer, to the best of the person’s ability, how the document is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\nA person commits a crime if the person commits an offence against subsection (1) in circumstances where the person—\nintends to—\nseriously endanger the health or safety of any person; or\ncause serious damage to property; or\ncause serious pollution of the environment; or\nseriously prejudice the effective management or resolution of the emergency situation; or\nknows that, or is reckless as to whether, giving the false or misleading information is likely to—\nseriously endanger the health or safety of any person; or\ncause serious damage to property; or\ncause serious pollution of the environment; or\nseriously prejudice the effective management or resolution of the emergency situation.\nMaximum penalty—10 years imprisonment.\nIn this section—\nnominated officer , in relation to a person of whom an information requirement is made, means the police officer to whom the person is required to give the information under the information requirement.\nSee section 8AE (2) for the police officers to whom a person may be required to give the information under an information requirement.\ns 8AH ins 2016 No. 42 s 28\n(sec.8AH-ssec.1) A person of whom an information requirement is made must not give the nominated officer information the person knows is false or misleading in a material particular. Maximum penalty—40 penalty units or 1 year’s imprisonment.\n(sec.8AH-ssec.2) Subsection (1) does not apply to a person if the person, when giving information in a document— tells the nominated officer, to the best of the person’s ability, how the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.8AH-ssec.3) A person commits a crime if the person commits an offence against subsection (1) in circumstances where the person— intends to— seriously endanger the health or safety of any person; or cause serious damage to property; or cause serious pollution of the environment; or seriously prejudice the effective management or resolution of the emergency situation; or knows that, or is reckless as to whether, giving the false or misleading information is likely to— seriously endanger the health or safety of any person; or cause serious damage to property; or cause serious pollution of the environment; or seriously prejudice the effective management or resolution of the emergency situation. Maximum penalty—10 years imprisonment.\n(sec.8AH-ssec.4) In this section— nominated officer , in relation to a person of whom an information requirement is made, means the police officer to whom the person is required to give the information under the information requirement. See section 8AE (2) for the police officers to whom a person may be required to give the information under an information requirement.\n- (a) tells the nominated officer, to the best of the person’s ability, how the document is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) intends to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation; or\n- (i) seriously endanger the health or safety of any person; or\n- (ii) cause serious damage to property; or\n- (iii) cause serious pollution of the environment; or\n- (iv) seriously prejudice the effective management or resolution of the emergency situation; or\n- (b) knows that, or is reckless as to whether, giving the false or misleading information is likely to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation.\n- (i) seriously endanger the health or safety of any person; or\n- (ii) cause serious damage to property; or\n- (iii) cause serious pollution of the environment; or\n- (iv) seriously prejudice the effective management or resolution of the emergency situation.\n- (i) seriously endanger the health or safety of any person; or\n- (ii) cause serious damage to property; or\n- (iii) cause serious pollution of the environment; or\n- (iv) seriously prejudice the effective management or resolution of the emergency situation; or\n- (i) seriously endanger the health or safety of any person; or\n- (ii) cause serious damage to property; or\n- (iii) cause serious pollution of the environment; or\n- (iv) seriously prejudice the effective management or resolution of the emergency situation.","sortOrder":24},{"sectionNumber":"sec.8AI","sectionType":"section","heading":"Offence for person to disclose information matter to unauthorised person","content":"### sec.8AI Offence for person to disclose information matter to unauthorised person\n\nDuring the period of an emergency situation, a person of whom an information requirement has been made must not, without reasonable excuse, disclose an information matter to an unauthorised person for the information matter.\nMaximum penalty—40 penalty units or 1 year’s imprisonment.\nHowever, the person does not commit an offence against subsection (1) if—\nthe person has been given a notice under section 8AK in relation to the information matter; or\nthe disclosure is made for the purpose of making a complaint to a State police officer or the Crime and Corruption Commission.\nA person commits a crime if the person commits an offence against subsection (1) in circumstances where the person—\nintends to—\nseriously endanger the health or safety of any person; or\ncause serious damage to property; or\ncause serious pollution of the environment; or\nseriously prejudice the effective management or resolution of the emergency situation; or\nknows that, or is reckless as to whether, the disclosure of the information matter is likely to—\nseriously endanger the health or safety of any person; or\ncause serious damage to property; or\ncause serious pollution of the environment; or\nseriously prejudice the effective management or resolution of the emergency situation.\nMaximum penalty—10 years imprisonment.\ns 8AI ins 2016 No. 42 s 28\n(sec.8AI-ssec.1) During the period of an emergency situation, a person of whom an information requirement has been made must not, without reasonable excuse, disclose an information matter to an unauthorised person for the information matter. Maximum penalty—40 penalty units or 1 year’s imprisonment.\n(sec.8AI-ssec.2) However, the person does not commit an offence against subsection (1) if— the person has been given a notice under section 8AK in relation to the information matter; or the disclosure is made for the purpose of making a complaint to a State police officer or the Crime and Corruption Commission.\n(sec.8AI-ssec.3) A person commits a crime if the person commits an offence against subsection (1) in circumstances where the person— intends to— seriously endanger the health or safety of any person; or cause serious damage to property; or cause serious pollution of the environment; or seriously prejudice the effective management or resolution of the emergency situation; or knows that, or is reckless as to whether, the disclosure of the information matter is likely to— seriously endanger the health or safety of any person; or cause serious damage to property; or cause serious pollution of the environment; or seriously prejudice the effective management or resolution of the emergency situation. Maximum penalty—10 years imprisonment.\n- (a) the person has been given a notice under section 8AK in relation to the information matter; or\n- (b) the disclosure is made for the purpose of making a complaint to a State police officer or the Crime and Corruption Commission.\n- (a) intends to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation; or\n- (i) seriously endanger the health or safety of any person; or\n- (ii) cause serious damage to property; or\n- (iii) cause serious pollution of the environment; or\n- (iv) seriously prejudice the effective management or resolution of the emergency situation; or\n- (b) knows that, or is reckless as to whether, the disclosure of the information matter is likely to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation.\n- (i) seriously endanger the health or safety of any person; or\n- (ii) cause serious damage to property; or\n- (iii) cause serious pollution of the environment; or\n- (iv) seriously prejudice the effective management or resolution of the emergency situation.\n- (i) seriously endanger the health or safety of any person; or\n- (ii) cause serious damage to property; or\n- (iii) cause serious pollution of the environment; or\n- (iv) seriously prejudice the effective management or resolution of the emergency situation; or\n- (i) seriously endanger the health or safety of any person; or\n- (ii) cause serious damage to property; or\n- (iii) cause serious pollution of the environment; or\n- (iv) seriously prejudice the effective management or resolution of the emergency situation.","sortOrder":25},{"sectionNumber":"sec.8AJ","sectionType":"section","heading":"Offence for disclosure recipient to disclose information matter to unauthorised person","content":"### sec.8AJ Offence for disclosure recipient to disclose information matter to unauthorised person\n\nDuring the period of an emergency situation, a disclosure recipient must not, without reasonable excuse—\nif the disclosure recipient is an authorised person for an information matter—disclose the information matter to an unauthorised person for the information matter; or\nif the disclosure recipient is an unauthorised person for an information matter—disclose the information matter to another unauthorised person for the information matter, knowing that, or being reckless as to whether, the person to whom the disclosure is made is an unauthorised person.\nMaximum penalty—40 penalty units or 1 year’s imprisonment.\nHowever, the disclosure recipient does not commit an offence against subsection (1) if—\nthe disclosure recipient has been given a notice under section 8AK in relation to the information matter; or\nthe disclosure is made for the purpose of making a complaint to a State police officer or the Crime and Corruption Commission.\nAlso, the disclosure recipient does not commit an offence against subsection (1) (a) by disclosing to a person of whom an information requirement has been made—\nthe fact the information requirement has been made of the person; or\nthe nature of the information sought under the information requirement.\nA disclosure recipient commits a crime if the disclosure recipient commits an offence against subsection (1) in circumstances where the disclosure recipient—\nintends to—\nseriously endanger the health or safety of any person; or\ncause serious damage to property; or\ncause serious pollution of the environment; or\nseriously prejudice the effective management or resolution of the emergency situation; or\nknows that, or is reckless as to whether, the disclosure of the information matter is likely to—\nseriously endanger the health or safety of any person; or\ncause serious damage to property; or\ncause serious pollution of the environment; or\nseriously prejudice the effective management or resolution of the emergency situation.\nMaximum penalty—10 years imprisonment.\ns 8AJ ins 2016 No. 42 s 28\n(sec.8AJ-ssec.1) During the period of an emergency situation, a disclosure recipient must not, without reasonable excuse— if the disclosure recipient is an authorised person for an information matter—disclose the information matter to an unauthorised person for the information matter; or if the disclosure recipient is an unauthorised person for an information matter—disclose the information matter to another unauthorised person for the information matter, knowing that, or being reckless as to whether, the person to whom the disclosure is made is an unauthorised person. Maximum penalty—40 penalty units or 1 year’s imprisonment.\n(sec.8AJ-ssec.2) However, the disclosure recipient does not commit an offence against subsection (1) if— the disclosure recipient has been given a notice under section 8AK in relation to the information matter; or the disclosure is made for the purpose of making a complaint to a State police officer or the Crime and Corruption Commission.\n(sec.8AJ-ssec.3) Also, the disclosure recipient does not commit an offence against subsection (1) (a) by disclosing to a person of whom an information requirement has been made— the fact the information requirement has been made of the person; or the nature of the information sought under the information requirement.\n(sec.8AJ-ssec.4) A disclosure recipient commits a crime if the disclosure recipient commits an offence against subsection (1) in circumstances where the disclosure recipient— intends to— seriously endanger the health or safety of any person; or cause serious damage to property; or cause serious pollution of the environment; or seriously prejudice the effective management or resolution of the emergency situation; or knows that, or is reckless as to whether, the disclosure of the information matter is likely to— seriously endanger the health or safety of any person; or cause serious damage to property; or cause serious pollution of the environment; or seriously prejudice the effective management or resolution of the emergency situation. Maximum penalty—10 years imprisonment.\n- (a) if the disclosure recipient is an authorised person for an information matter—disclose the information matter to an unauthorised person for the information matter; or\n- (b) if the disclosure recipient is an unauthorised person for an information matter—disclose the information matter to another unauthorised person for the information matter, knowing that, or being reckless as to whether, the person to whom the disclosure is made is an unauthorised person.\n- (a) the disclosure recipient has been given a notice under section 8AK in relation to the information matter; or\n- (b) the disclosure is made for the purpose of making a complaint to a State police officer or the Crime and Corruption Commission.\n- (a) the fact the information requirement has been made of the person; or\n- (b) the nature of the information sought under the information requirement.\n- (a) intends to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation; or\n- (i) seriously endanger the health or safety of any person; or\n- (ii) cause serious damage to property; or\n- (iii) cause serious pollution of the environment; or\n- (iv) seriously prejudice the effective management or resolution of the emergency situation; or\n- (b) knows that, or is reckless as to whether, the disclosure of the information matter is likely to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation.\n- (i) seriously endanger the health or safety of any person; or\n- (ii) cause serious damage to property; or\n- (iii) cause serious pollution of the environment; or\n- (iv) seriously prejudice the effective management or resolution of the emergency situation.\n- (i) seriously endanger the health or safety of any person; or\n- (ii) cause serious damage to property; or\n- (iii) cause serious pollution of the environment; or\n- (iv) seriously prejudice the effective management or resolution of the emergency situation; or\n- (i) seriously endanger the health or safety of any person; or\n- (ii) cause serious damage to property; or\n- (iii) cause serious pollution of the environment; or\n- (iv) seriously prejudice the effective management or resolution of the emergency situation.","sortOrder":26},{"sectionNumber":"sec.8AK","sectionType":"section","heading":"Notice that person released from prohibition on disclosing information matter","content":"### sec.8AK Notice that person released from prohibition on disclosing information matter\n\nThis section applies if, at any time during the period of an emergency situation, the emergency commander reasonably considers it will not prejudice the effective management or resolution of the emergency situation if—\na person of whom an information requirement is made discloses an information matter; or\na person who is a disclosure recipient discloses an information matter.\nThe emergency commander or a police officer acting on the emergency commander’s instructions may give the person a written notice stating that the person is no longer prohibited from disclosing the information matter to other persons.\nSection 8AI or 8AJ applies to the person if the person has not been given a notice under this section.\nThe written notice may be given to the person—\nby email, but only if it is sent from a Queensland Police Service email account; or\nin a written notice making an information requirement of the person; or\nin another appropriate way.\ns 8AK ins 2016 No. 42 s 28\n(sec.8AK-ssec.1) This section applies if, at any time during the period of an emergency situation, the emergency commander reasonably considers it will not prejudice the effective management or resolution of the emergency situation if— a person of whom an information requirement is made discloses an information matter; or a person who is a disclosure recipient discloses an information matter.\n(sec.8AK-ssec.2) The emergency commander or a police officer acting on the emergency commander’s instructions may give the person a written notice stating that the person is no longer prohibited from disclosing the information matter to other persons. Section 8AI or 8AJ applies to the person if the person has not been given a notice under this section.\n(sec.8AK-ssec.3) The written notice may be given to the person— by email, but only if it is sent from a Queensland Police Service email account; or in a written notice making an information requirement of the person; or in another appropriate way.\n- (a) a person of whom an information requirement is made discloses an information matter; or\n- (b) a person who is a disclosure recipient discloses an information matter.\n- (a) by email, but only if it is sent from a Queensland Police Service email account; or\n- (b) in a written notice making an information requirement of the person; or\n- (c) in another appropriate way.","sortOrder":27},{"sectionNumber":"sec.8AL","sectionType":"section","heading":"Request for disclosure notice to be given","content":"### sec.8AL Request for disclosure notice to be given\n\nThis section applies to a person who—\nis either—\na person of whom an information requirement is made; or\na disclosure recipient; and\nduring the period of an emergency situation, wishes to disclose an information matter to another person; and\nhas not been given a notice under section 8AK in relation to the information matter.\nThe person may ask a relevant officer to give a stated person a notice (a disclosure notice ) authorising the disclosure of the information matter to the stated person for a stated purpose.\nThe stated purpose must be—\nfor disclosure by a person of whom an information requirement is made—\nto obtain the help of the other person in order to comply with the information requirement; or\nif the information requirement concerns work-related information for the person—to inform the employer, or a manager, of the person that the information requirement has been made of the person; or\nto seek legal advice in relation to the information requirement, including about an offence against this division; or\nfor disclosure by a disclosure recipient—\nto obtain the help of the other person in order to help the person of whom the information requirement is made comply with the information requirement; or\nif the information requirement concerns work-related information for the person of whom it is made and the disclosure recipient is a manager of the person—to inform the employer, or a manager, of the disclosure recipient that the information requirement has been made of the person; or\nto seek legal advice in relation to the information requirement, including about an offence against this division.\nIn this section—\nrelevant officer means—\nthe emergency commander; or\na police officer acting on the emergency commander’s instructions; or\nif the request under subsection (2) is made by a person of whom an information requirement is made—a police officer mentioned in section 8AF (3) , definition relevant matters , paragraph (h) whose contact details have been given to the person; or\nif the request under subsection (2) is made by a disclosure recipient who is an authorised person for the information matter—a police officer mentioned in section 8AN (3) , definition relevant matters paragraph (j) whose contact details have been given to the disclosure recipient.\ns 8AL ins 2016 No. 42 s 28\n(sec.8AL-ssec.1) This section applies to a person who— is either— a person of whom an information requirement is made; or a disclosure recipient; and during the period of an emergency situation, wishes to disclose an information matter to another person; and has not been given a notice under section 8AK in relation to the information matter.\n(sec.8AL-ssec.2) The person may ask a relevant officer to give a stated person a notice (a disclosure notice ) authorising the disclosure of the information matter to the stated person for a stated purpose.\n(sec.8AL-ssec.3) The stated purpose must be— for disclosure by a person of whom an information requirement is made— to obtain the help of the other person in order to comply with the information requirement; or if the information requirement concerns work-related information for the person—to inform the employer, or a manager, of the person that the information requirement has been made of the person; or to seek legal advice in relation to the information requirement, including about an offence against this division; or for disclosure by a disclosure recipient— to obtain the help of the other person in order to help the person of whom the information requirement is made comply with the information requirement; or if the information requirement concerns work-related information for the person of whom it is made and the disclosure recipient is a manager of the person—to inform the employer, or a manager, of the disclosure recipient that the information requirement has been made of the person; or to seek legal advice in relation to the information requirement, including about an offence against this division.\n(sec.8AL-ssec.4) In this section— relevant officer means— the emergency commander; or a police officer acting on the emergency commander’s instructions; or if the request under subsection (2) is made by a person of whom an information requirement is made—a police officer mentioned in section 8AF (3) , definition relevant matters , paragraph (h) whose contact details have been given to the person; or if the request under subsection (2) is made by a disclosure recipient who is an authorised person for the information matter—a police officer mentioned in section 8AN (3) , definition relevant matters paragraph (j) whose contact details have been given to the disclosure recipient.\n- (a) is either— (i) a person of whom an information requirement is made; or (ii) a disclosure recipient; and\n- (i) a person of whom an information requirement is made; or\n- (ii) a disclosure recipient; and\n- (b) during the period of an emergency situation, wishes to disclose an information matter to another person; and\n- (c) has not been given a notice under section 8AK in relation to the information matter.\n- (i) a person of whom an information requirement is made; or\n- (ii) a disclosure recipient; and\n- (a) for disclosure by a person of whom an information requirement is made— (i) to obtain the help of the other person in order to comply with the information requirement; or (ii) if the information requirement concerns work-related information for the person—to inform the employer, or a manager, of the person that the information requirement has been made of the person; or (iii) to seek legal advice in relation to the information requirement, including about an offence against this division; or\n- (i) to obtain the help of the other person in order to comply with the information requirement; or\n- (ii) if the information requirement concerns work-related information for the person—to inform the employer, or a manager, of the person that the information requirement has been made of the person; or\n- (iii) to seek legal advice in relation to the information requirement, including about an offence against this division; or\n- (b) for disclosure by a disclosure recipient— (i) to obtain the help of the other person in order to help the person of whom the information requirement is made comply with the information requirement; or (ii) if the information requirement concerns work-related information for the person of whom it is made and the disclosure recipient is a manager of the person—to inform the employer, or a manager, of the disclosure recipient that the information requirement has been made of the person; or (iii) to seek legal advice in relation to the information requirement, including about an offence against this division.\n- (i) to obtain the help of the other person in order to help the person of whom the information requirement is made comply with the information requirement; or\n- (ii) if the information requirement concerns work-related information for the person of whom it is made and the disclosure recipient is a manager of the person—to inform the employer, or a manager, of the disclosure recipient that the information requirement has been made of the person; or\n- (iii) to seek legal advice in relation to the information requirement, including about an offence against this division.\n- (i) to obtain the help of the other person in order to comply with the information requirement; or\n- (ii) if the information requirement concerns work-related information for the person—to inform the employer, or a manager, of the person that the information requirement has been made of the person; or\n- (iii) to seek legal advice in relation to the information requirement, including about an offence against this division; or\n- (i) to obtain the help of the other person in order to help the person of whom the information requirement is made comply with the information requirement; or\n- (ii) if the information requirement concerns work-related information for the person of whom it is made and the disclosure recipient is a manager of the person—to inform the employer, or a manager, of the disclosure recipient that the information requirement has been made of the person; or\n- (iii) to seek legal advice in relation to the information requirement, including about an offence against this division.\n- (a) the emergency commander; or\n- (b) a police officer acting on the emergency commander’s instructions; or\n- (c) if the request under subsection (2) is made by a person of whom an information requirement is made—a police officer mentioned in section 8AF (3) , definition relevant matters , paragraph (h) whose contact details have been given to the person; or\n- (d) if the request under subsection (2) is made by a disclosure recipient who is an authorised person for the information matter—a police officer mentioned in section 8AN (3) , definition relevant matters paragraph (j) whose contact details have been given to the disclosure recipient.","sortOrder":28},{"sectionNumber":"sec.8AM","sectionType":"section","heading":"Obligation to give, or to refuse to give, disclosure notice","content":"### sec.8AM Obligation to give, or to refuse to give, disclosure notice\n\nThis section applies if a request is made under section 8AL to a relevant officer to give a stated person a disclosure notice.\nThe relevant officer must give the stated person a disclosure notice unless the officer reasonably suspects that giving the notice might prejudice the effective management or resolution of the emergency situation.\nThe disclosure notice may be given in writing or orally.\nThe giving of the disclosure notice does not affect the time by which the person of whom the information requirement is made must comply with the information requirement.\nAn information requirement is made of a person and, under section 8AE (5) (a) (i) , requires the person to give the information immediately. The person asks for a disclosure notice to be given to the person’s lawyer to seek legal advice in relation to the information requirement. The obligation under subsection (2) for the relevant officer to give the person’s lawyer a disclosure notice does not affect the person’s obligation under section 8AG to comply with the information requirement by giving the information immediately.\nIf the relevant officer reasonably suspects that giving the stated person a disclosure notice might prejudice the effective management or resolution of the emergency situation, the officer must decide to refuse the request.\ns 8AM ins 2016 No. 42 s 28\n(sec.8AM-ssec.1) This section applies if a request is made under section 8AL to a relevant officer to give a stated person a disclosure notice.\n(sec.8AM-ssec.2) The relevant officer must give the stated person a disclosure notice unless the officer reasonably suspects that giving the notice might prejudice the effective management or resolution of the emergency situation.\n(sec.8AM-ssec.3) The disclosure notice may be given in writing or orally.\n(sec.8AM-ssec.4) The giving of the disclosure notice does not affect the time by which the person of whom the information requirement is made must comply with the information requirement. An information requirement is made of a person and, under section 8AE (5) (a) (i) , requires the person to give the information immediately. The person asks for a disclosure notice to be given to the person’s lawyer to seek legal advice in relation to the information requirement. The obligation under subsection (2) for the relevant officer to give the person’s lawyer a disclosure notice does not affect the person’s obligation under section 8AG to comply with the information requirement by giving the information immediately.\n(sec.8AM-ssec.5) If the relevant officer reasonably suspects that giving the stated person a disclosure notice might prejudice the effective management or resolution of the emergency situation, the officer must decide to refuse the request.","sortOrder":29},{"sectionNumber":"sec.8AN","sectionType":"section","heading":"Person to be informed of relevant matters","content":"### sec.8AN Person to be informed of relevant matters\n\nIf a disclosure notice is given in writing, the notice must state the relevant matters.\nIf a disclosure notice is given orally, the relevant officer must, when giving the notice, tell the person to whom it is given the relevant matters.\nIn this section—\nrelevant matters , in relation to a disclosure notice given to a person (the stated person ), means each of the following—\nan emergency situation has been declared to exist;\nan information requirement has been made of the person mentioned in section 8AL (1) (a) (i) ;\nit is an offence for the person of whom the information requirement is made not to comply with the information requirement unless the person has a reasonable excuse;\nit is an offence for the person of whom the information requirement is made to give information the person knows is false or misleading in a material particular unless, when giving information in a document, the person—\ntells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information;\nit is an offence for the person of whom the information requirement is made to disclose an information matter to an unauthorised person for the information matter unless the person has a reasonable excuse;\nthe person of whom the information requirement is made, or a disclosure recipient, has been authorised to disclose an information matter to the stated person for the purpose of—\neither—\nfor disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or\nfor disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or\ninforming the stated person, as the employer, or a manager, of the person of whom the information requirement is made, or of the disclosure recipient, that the information requirement has been made and concerns work-related information for the person of whom it is made; or\nseeking legal advice in relation to the information requirement, including about an offence against this division;\nit is an offence for the stated person to disclose the information matter to an unauthorised person for the information matter unless the stated person has a reasonable excuse;\nthe maximum penalty for disclosing the information matter to an unauthorised person for the information matter, with and without a circumstance of aggravation;\nthe name, rank, registered number and station of the police officer giving the disclosure notice;\nthe contact details of a police officer who may be contacted about the information requirement or disclosure notice;\na stated police officer\na police officer performing a stated function\nif the stated person wishes to disclose the information matter to another person, the stated person may ask the emergency commander, the police officer giving the disclosure notice or the police officer mentioned in paragraph (j) to give the other person a disclosure notice authorising the disclosure of the information matter to the other person for a stated purpose;\na police officer may give the stated person a written notice under section 8AK , including by email from a Queensland Police Service email account, stating that the person is no longer prohibited from disclosing the information matter to other persons;\nif, during the period of the emergency situation, the person is not given a notice mentioned in paragraph (l) , a police officer will inform the stated person when the emergency situation has ended.\ns 8AN ins 2016 No. 42 s 28\n(sec.8AN-ssec.1) If a disclosure notice is given in writing, the notice must state the relevant matters.\n(sec.8AN-ssec.2) If a disclosure notice is given orally, the relevant officer must, when giving the notice, tell the person to whom it is given the relevant matters.\n(sec.8AN-ssec.3) In this section— relevant matters , in relation to a disclosure notice given to a person (the stated person ), means each of the following— an emergency situation has been declared to exist; an information requirement has been made of the person mentioned in section 8AL (1) (a) (i) ; it is an offence for the person of whom the information requirement is made not to comply with the information requirement unless the person has a reasonable excuse; it is an offence for the person of whom the information requirement is made to give information the person knows is false or misleading in a material particular unless, when giving information in a document, the person— tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information; it is an offence for the person of whom the information requirement is made to disclose an information matter to an unauthorised person for the information matter unless the person has a reasonable excuse; the person of whom the information requirement is made, or a disclosure recipient, has been authorised to disclose an information matter to the stated person for the purpose of— either— for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or informing the stated person, as the employer, or a manager, of the person of whom the information requirement is made, or of the disclosure recipient, that the information requirement has been made and concerns work-related information for the person of whom it is made; or seeking legal advice in relation to the information requirement, including about an offence against this division; it is an offence for the stated person to disclose the information matter to an unauthorised person for the information matter unless the stated person has a reasonable excuse; the maximum penalty for disclosing the information matter to an unauthorised person for the information matter, with and without a circumstance of aggravation; the name, rank, registered number and station of the police officer giving the disclosure notice; the contact details of a police officer who may be contacted about the information requirement or disclosure notice; a stated police officer a police officer performing a stated function if the stated person wishes to disclose the information matter to another person, the stated person may ask the emergency commander, the police officer giving the disclosure notice or the police officer mentioned in paragraph (j) to give the other person a disclosure notice authorising the disclosure of the information matter to the other person for a stated purpose; a police officer may give the stated person a written notice under section 8AK , including by email from a Queensland Police Service email account, stating that the person is no longer prohibited from disclosing the information matter to other persons; if, during the period of the emergency situation, the person is not given a notice mentioned in paragraph (l) , a police officer will inform the stated person when the emergency situation has ended.\n- (a) an emergency situation has been declared to exist;\n- (b) an information requirement has been made of the person mentioned in section 8AL (1) (a) (i) ;\n- (c) it is an offence for the person of whom the information requirement is made not to comply with the information requirement unless the person has a reasonable excuse;\n- (d) it is an offence for the person of whom the information requirement is made to give information the person knows is false or misleading in a material particular unless, when giving information in a document, the person— (i) tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and (ii) if the person has, or can reasonably obtain, the correct information—gives the correct information;\n- (i) tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and\n- (ii) if the person has, or can reasonably obtain, the correct information—gives the correct information;\n- (e) it is an offence for the person of whom the information requirement is made to disclose an information matter to an unauthorised person for the information matter unless the person has a reasonable excuse;\n- (f) the person of whom the information requirement is made, or a disclosure recipient, has been authorised to disclose an information matter to the stated person for the purpose of— (i) either— (A) for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or (B) for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or (ii) informing the stated person, as the employer, or a manager, of the person of whom the information requirement is made, or of the disclosure recipient, that the information requirement has been made and concerns work-related information for the person of whom it is made; or (iii) seeking legal advice in relation to the information requirement, including about an offence against this division;\n- (i) either— (A) for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or (B) for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or\n- (A) for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or\n- (B) for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or\n- (ii) informing the stated person, as the employer, or a manager, of the person of whom the information requirement is made, or of the disclosure recipient, that the information requirement has been made and concerns work-related information for the person of whom it is made; or\n- (iii) seeking legal advice in relation to the information requirement, including about an offence against this division;\n- (g) it is an offence for the stated person to disclose the information matter to an unauthorised person for the information matter unless the stated person has a reasonable excuse;\n- (h) the maximum penalty for disclosing the information matter to an unauthorised person for the information matter, with and without a circumstance of aggravation;\n- (i) the name, rank, registered number and station of the police officer giving the disclosure notice;\n- (j) the contact details of a police officer who may be contacted about the information requirement or disclosure notice; Examples of a police officer who may be contacted about the information requirement or disclosure notice— • a stated police officer • a police officer performing a stated function\n- • a stated police officer\n- • a police officer performing a stated function\n- (k) if the stated person wishes to disclose the information matter to another person, the stated person may ask the emergency commander, the police officer giving the disclosure notice or the police officer mentioned in paragraph (j) to give the other person a disclosure notice authorising the disclosure of the information matter to the other person for a stated purpose;\n- (l) a police officer may give the stated person a written notice under section 8AK , including by email from a Queensland Police Service email account, stating that the person is no longer prohibited from disclosing the information matter to other persons;\n- (m) if, during the period of the emergency situation, the person is not given a notice mentioned in paragraph (l) , a police officer will inform the stated person when the emergency situation has ended.\n- (i) tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and\n- (ii) if the person has, or can reasonably obtain, the correct information—gives the correct information;\n- (i) either— (A) for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or (B) for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or\n- (A) for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or\n- (B) for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or\n- (ii) informing the stated person, as the employer, or a manager, of the person of whom the information requirement is made, or of the disclosure recipient, that the information requirement has been made and concerns work-related information for the person of whom it is made; or\n- (iii) seeking legal advice in relation to the information requirement, including about an offence against this division;\n- (A) for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or\n- (B) for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or\n- • a stated police officer\n- • a police officer performing a stated function","sortOrder":30},{"sectionNumber":"sec.8AO","sectionType":"section","heading":"Procedure if disclosure notice is given","content":"### sec.8AO Procedure if disclosure notice is given\n\nIf a disclosure notice is given under section 8AM (2) , the relevant officer must—\nif the notice is given in writing—give a copy of the notice to the person who requested the giving of the notice; or\nif the notice is given orally—tell the person who requested the giving of the notice that the notice has been given.\nAlso, the relevant officer must, as soon as reasonably practicable after the disclosure notice is given, make a written record under subsection (3) or (4) .\nIf the disclosure notice is given in writing, the written record must state—\nthe date and time the notice is given; and\nthe date and time a copy of the notice is given to the person who requested the giving of the notice.\nIf the disclosure notice is given orally, the written record must state—\nthe name of the person to whom the notice is given; and\nthe date and time the notice is given; and\nthe date and time the person who requested the giving of the notice is told the notice has been given.\ns 8AO ins 2016 No. 42 s 28\n(sec.8AO-ssec.1) If a disclosure notice is given under section 8AM (2) , the relevant officer must— if the notice is given in writing—give a copy of the notice to the person who requested the giving of the notice; or if the notice is given orally—tell the person who requested the giving of the notice that the notice has been given.\n(sec.8AO-ssec.2) Also, the relevant officer must, as soon as reasonably practicable after the disclosure notice is given, make a written record under subsection (3) or (4) .\n(sec.8AO-ssec.3) If the disclosure notice is given in writing, the written record must state— the date and time the notice is given; and the date and time a copy of the notice is given to the person who requested the giving of the notice.\n(sec.8AO-ssec.4) If the disclosure notice is given orally, the written record must state— the name of the person to whom the notice is given; and the date and time the notice is given; and the date and time the person who requested the giving of the notice is told the notice has been given.\n- (a) if the notice is given in writing—give a copy of the notice to the person who requested the giving of the notice; or\n- (b) if the notice is given orally—tell the person who requested the giving of the notice that the notice has been given.\n- (a) the date and time the notice is given; and\n- (b) the date and time a copy of the notice is given to the person who requested the giving of the notice.\n- (a) the name of the person to whom the notice is given; and\n- (b) the date and time the notice is given; and\n- (c) the date and time the person who requested the giving of the notice is told the notice has been given.","sortOrder":31},{"sectionNumber":"sec.8AP","sectionType":"section","heading":"Procedure if disclosure notice is refused","content":"### sec.8AP Procedure if disclosure notice is refused\n\nThis section applies if a relevant officer decides under section 8AM (5) to refuse a person’s request to give a stated person a disclosure notice.\nAs soon as reasonably practicable after making the decision, the relevant officer must—\ninform the person who made the request that—\nthe request is refused; and\nif the stated purpose of the request was a purpose mentioned in section 8AL (3) (a) (iii) or (b)(iii)—the person may ask that a disclosure notice authorising the disclosure of the information matter be given to another stated person for that purpose; and\nmake a written record of—\nthe decision to refuse the request; and\nthe date and time of the decision; and\nthe grounds forming the basis of the suspicion mentioned in section 8AM (5) .\nThe information required to be given under subsection (2) (a) may be given orally or in writing.\ns 8AP ins 2016 No. 42 s 28\n(sec.8AP-ssec.1) This section applies if a relevant officer decides under section 8AM (5) to refuse a person’s request to give a stated person a disclosure notice.\n(sec.8AP-ssec.2) As soon as reasonably practicable after making the decision, the relevant officer must— inform the person who made the request that— the request is refused; and if the stated purpose of the request was a purpose mentioned in section 8AL (3) (a) (iii) or (b)(iii)—the person may ask that a disclosure notice authorising the disclosure of the information matter be given to another stated person for that purpose; and make a written record of— the decision to refuse the request; and the date and time of the decision; and the grounds forming the basis of the suspicion mentioned in section 8AM (5) .\n(sec.8AP-ssec.3) The information required to be given under subsection (2) (a) may be given orally or in writing.\n- (a) inform the person who made the request that— (i) the request is refused; and (ii) if the stated purpose of the request was a purpose mentioned in section 8AL (3) (a) (iii) or (b)(iii)—the person may ask that a disclosure notice authorising the disclosure of the information matter be given to another stated person for that purpose; and\n- (i) the request is refused; and\n- (ii) if the stated purpose of the request was a purpose mentioned in section 8AL (3) (a) (iii) or (b)(iii)—the person may ask that a disclosure notice authorising the disclosure of the information matter be given to another stated person for that purpose; and\n- (b) make a written record of— (i) the decision to refuse the request; and (ii) the date and time of the decision; and (iii) the grounds forming the basis of the suspicion mentioned in section 8AM (5) .\n- (i) the decision to refuse the request; and\n- (ii) the date and time of the decision; and\n- (iii) the grounds forming the basis of the suspicion mentioned in section 8AM (5) .\n- (i) the request is refused; and\n- (ii) if the stated purpose of the request was a purpose mentioned in section 8AL (3) (a) (iii) or (b)(iii)—the person may ask that a disclosure notice authorising the disclosure of the information matter be given to another stated person for that purpose; and\n- (i) the decision to refuse the request; and\n- (ii) the date and time of the decision; and\n- (iii) the grounds forming the basis of the suspicion mentioned in section 8AM (5) .","sortOrder":32},{"sectionNumber":"sec.8AQ","sectionType":"section","heading":"Protection from liability for giving information","content":"### sec.8AQ Protection from liability for giving information\n\nThis section applies to a person who, acting honestly and without negligence, gives information under an information requirement that is made of the person.\nThis section also applies to a person if—\nthe person, acting honestly and without negligence, gives information to—\na person of whom an information requirement is made to help the person comply with the requirement; or\na disclosure recipient to help the disclosure recipient help a person of whom an information requirement is made comply with the requirement; and\nwhen the information is given—\nthe person is an authorised person for an information matter relating to the person of whom the information requirement is made; or\nthe person to whom the information is given has been given a notice under section 8AK .\nThe person is not liable, civilly, criminally or under an administrative process, for giving the information.\nAlso, merely because the person gives the information, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\nWithout limiting subsections (3) and (4) —\nin a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\nif the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—\ndoes not contravene the Act , oath or rule of law or practice by giving the information; and\nis not liable to disciplinary action for giving the information.\ns 8AQ ins 2016 No. 42 s 28\n(sec.8AQ-ssec.1) This section applies to a person who, acting honestly and without negligence, gives information under an information requirement that is made of the person.\n(sec.8AQ-ssec.2) This section also applies to a person if— the person, acting honestly and without negligence, gives information to— a person of whom an information requirement is made to help the person comply with the requirement; or a disclosure recipient to help the disclosure recipient help a person of whom an information requirement is made comply with the requirement; and when the information is given— the person is an authorised person for an information matter relating to the person of whom the information requirement is made; or the person to whom the information is given has been given a notice under section 8AK .\n(sec.8AQ-ssec.3) The person is not liable, civilly, criminally or under an administrative process, for giving the information.\n(sec.8AQ-ssec.4) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n(sec.8AQ-ssec.5) Without limiting subsections (3) and (4) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— does not contravene the Act , oath or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information.\n- (a) the person, acting honestly and without negligence, gives information to— (i) a person of whom an information requirement is made to help the person comply with the requirement; or (ii) a disclosure recipient to help the disclosure recipient help a person of whom an information requirement is made comply with the requirement; and\n- (i) a person of whom an information requirement is made to help the person comply with the requirement; or\n- (ii) a disclosure recipient to help the disclosure recipient help a person of whom an information requirement is made comply with the requirement; and\n- (b) when the information is given— (i) the person is an authorised person for an information matter relating to the person of whom the information requirement is made; or (ii) the person to whom the information is given has been given a notice under section 8AK .\n- (i) the person is an authorised person for an information matter relating to the person of whom the information requirement is made; or\n- (ii) the person to whom the information is given has been given a notice under section 8AK .\n- (i) a person of whom an information requirement is made to help the person comply with the requirement; or\n- (ii) a disclosure recipient to help the disclosure recipient help a person of whom an information requirement is made comply with the requirement; and\n- (i) the person is an authorised person for an information matter relating to the person of whom the information requirement is made; or\n- (ii) the person to whom the information is given has been given a notice under section 8AK .\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.\n- (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\n- (b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— (i) does not contravene the Act , oath or rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.","sortOrder":33},{"sectionNumber":"sec.8AR","sectionType":"section","heading":"Persons to be informed that emergency situation has ended","content":"### sec.8AR Persons to be informed that emergency situation has ended\n\nAs soon as practicable after the declaration of an emergency situation ends, the emergency commander must ensure each relevant person is informed that—\nthe emergency situation has ended; and\nthe relevant person is no longer prohibited from disclosing an information matter to other persons.\nSubsection (1) does not apply if, during the period of the emergency situation, the relevant person has been given a notice under section 8AK .\nIn this section—\nrelevant person means—\na person of whom an information requirement was made during the period of the emergency situation; or\na person to whom a disclosure notice was given during the period of the emergency situation.\ns 8AR ins 2016 No. 42 s 28\n(sec.8AR-ssec.1) As soon as practicable after the declaration of an emergency situation ends, the emergency commander must ensure each relevant person is informed that— the emergency situation has ended; and the relevant person is no longer prohibited from disclosing an information matter to other persons.\n(sec.8AR-ssec.2) Subsection (1) does not apply if, during the period of the emergency situation, the relevant person has been given a notice under section 8AK .\n(sec.8AR-ssec.3) In this section— relevant person means— a person of whom an information requirement was made during the period of the emergency situation; or a person to whom a disclosure notice was given during the period of the emergency situation.\n- (a) the emergency situation has ended; and\n- (b) the relevant person is no longer prohibited from disclosing an information matter to other persons.\n- (a) a person of whom an information requirement was made during the period of the emergency situation; or\n- (b) a person to whom a disclosure notice was given during the period of the emergency situation.","sortOrder":34},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Extraordinary emergency powers","content":"## Extraordinary emergency powers","sortOrder":35},{"sectionNumber":"sec.8AS","sectionType":"section","heading":"Power to authorise exercise of extraordinary emergency powers","content":"### sec.8AS Power to authorise exercise of extraordinary emergency powers\n\nThis section applies if—\nan emergency situation has, under section 5 , been declared to exist in respect of a specified area; and\na terrorist emergency has not, under section 8G , been declared to exist in relation to the emergency situation; and\nthe emergency commander is satisfied on reasonable grounds that the emergency situation involves or may involve—\nan explosive; or\na person’s life or safety being seriously endangered by an act of another person; and\nthe person is being held hostage by the other person\nthe other person has a weapon and is close to or has access to the person\nthe emergency commander is satisfied on reasonable grounds that the exercise of 1 or more particular extraordinary emergency powers is necessary to effectively deal with the emergency situation because of the scale or complexity of the situation.\nA number of people have been wounded by a weapon in a crowded public place and it is not known who used the weapon.\nAn explosion has occurred inside a public building and there are reports that further explosives have been placed at the main exits from the building.\nThe emergency commander may authorise the exercise, under this subdivision, of stated extraordinary emergency powers in a stated area (the authorisation area ) within the area specified for the emergency situation.\nThe exercise of the stated extraordinary emergency powers is subject to section 8AZ .\nThe authorisation area must be the smallest area reasonably necessary to effectively deal with the emergency situation.\nWithout limiting subsection (2) , an authorisation area may be any description of area surrounding a moving activity.\nan area within a stated distance of a stated moving motor vehicle or vessel\nan area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way\ns 8AS ins 2017 No. 30 s 35\n(sec.8AS-ssec.1) This section applies if— an emergency situation has, under section 5 , been declared to exist in respect of a specified area; and a terrorist emergency has not, under section 8G , been declared to exist in relation to the emergency situation; and the emergency commander is satisfied on reasonable grounds that the emergency situation involves or may involve— an explosive; or a person’s life or safety being seriously endangered by an act of another person; and the person is being held hostage by the other person the other person has a weapon and is close to or has access to the person the emergency commander is satisfied on reasonable grounds that the exercise of 1 or more particular extraordinary emergency powers is necessary to effectively deal with the emergency situation because of the scale or complexity of the situation. A number of people have been wounded by a weapon in a crowded public place and it is not known who used the weapon. An explosion has occurred inside a public building and there are reports that further explosives have been placed at the main exits from the building.\n(sec.8AS-ssec.2) The emergency commander may authorise the exercise, under this subdivision, of stated extraordinary emergency powers in a stated area (the authorisation area ) within the area specified for the emergency situation.\n(sec.8AS-ssec.3) The exercise of the stated extraordinary emergency powers is subject to section 8AZ .\n(sec.8AS-ssec.4) The authorisation area must be the smallest area reasonably necessary to effectively deal with the emergency situation.\n(sec.8AS-ssec.5) Without limiting subsection (2) , an authorisation area may be any description of area surrounding a moving activity. an area within a stated distance of a stated moving motor vehicle or vessel an area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way\n- (a) an emergency situation has, under section 5 , been declared to exist in respect of a specified area; and\n- (b) a terrorist emergency has not, under section 8G , been declared to exist in relation to the emergency situation; and\n- (c) the emergency commander is satisfied on reasonable grounds that the emergency situation involves or may involve— (i) an explosive; or (ii) a person’s life or safety being seriously endangered by an act of another person; and Examples for subparagraph (ii) — • the person is being held hostage by the other person • the other person has a weapon and is close to or has access to the person\n- (i) an explosive; or\n- (ii) a person’s life or safety being seriously endangered by an act of another person; and Examples for subparagraph (ii) — • the person is being held hostage by the other person • the other person has a weapon and is close to or has access to the person\n- • the person is being held hostage by the other person\n- • the other person has a weapon and is close to or has access to the person\n- (d) the emergency commander is satisfied on reasonable grounds that the exercise of 1 or more particular extraordinary emergency powers is necessary to effectively deal with the emergency situation because of the scale or complexity of the situation. Examples of complex emergency situations— 1 A number of people have been wounded by a weapon in a crowded public place and it is not known who used the weapon. 2 An explosion has occurred inside a public building and there are reports that further explosives have been placed at the main exits from the building.\n- 1 A number of people have been wounded by a weapon in a crowded public place and it is not known who used the weapon.\n- 2 An explosion has occurred inside a public building and there are reports that further explosives have been placed at the main exits from the building.\n- (i) an explosive; or\n- (ii) a person’s life or safety being seriously endangered by an act of another person; and Examples for subparagraph (ii) — • the person is being held hostage by the other person • the other person has a weapon and is close to or has access to the person\n- • the person is being held hostage by the other person\n- • the other person has a weapon and is close to or has access to the person\n- • the person is being held hostage by the other person\n- • the other person has a weapon and is close to or has access to the person\n- 1 A number of people have been wounded by a weapon in a crowded public place and it is not known who used the weapon.\n- 2 An explosion has occurred inside a public building and there are reports that further explosives have been placed at the main exits from the building.\n- • an area within a stated distance of a stated moving motor vehicle or vessel\n- • an area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way","sortOrder":36},{"sectionNumber":"sec.8AT","sectionType":"section","heading":"Steps after giving extraordinary emergency authorisation","content":"### sec.8AT Steps after giving extraordinary emergency authorisation\n\nAs soon as reasonably practicable after giving an extraordinary emergency authorisation for an emergency situation, the emergency commander must—\nensure that a State police officer of at least the rank of assistant commissioner is informed that the authorisation has been given; and\nnote the following matters on the emergency situation certificate for the emergency situation—\nthat the authorisation has been given;\nthe date and time the authorisation was given;\nthe authorisation area;\nthe extraordinary emergency powers that may be exercised;\nthe circumstances relevant to the giving of the authorisation.\ns 8AT ins 2017 No. 30 s 35\n- (a) ensure that a State police officer of at least the rank of assistant commissioner is informed that the authorisation has been given; and\n- (b) note the following matters on the emergency situation certificate for the emergency situation— (i) that the authorisation has been given; (ii) the date and time the authorisation was given; (iii) the authorisation area; (iv) the extraordinary emergency powers that may be exercised; (v) the circumstances relevant to the giving of the authorisation.\n- (i) that the authorisation has been given;\n- (ii) the date and time the authorisation was given;\n- (iii) the authorisation area;\n- (iv) the extraordinary emergency powers that may be exercised;\n- (v) the circumstances relevant to the giving of the authorisation.\n- (i) that the authorisation has been given;\n- (ii) the date and time the authorisation was given;\n- (iii) the authorisation area;\n- (iv) the extraordinary emergency powers that may be exercised;\n- (v) the circumstances relevant to the giving of the authorisation.","sortOrder":37},{"sectionNumber":"sec.8AU","sectionType":"section","heading":"Changes to extraordinary emergency authorisation","content":"### sec.8AU Changes to extraordinary emergency authorisation\n\nThe emergency commander may, at any time, change the authorisation area, or the circumstances relevant to the giving of the extraordinary emergency authorisation, by—\namending the description of the area or circumstances on the emergency situation certificate; and\nnoting the date and time of the amendment on the emergency situation certificate.\ns 8AU ins 2017 No. 30 s 35\n- (a) amending the description of the area or circumstances on the emergency situation certificate; and\n- (b) noting the date and time of the amendment on the emergency situation certificate.","sortOrder":38},{"sectionNumber":"sec.8AV","sectionType":"section","heading":"When extraordinary emergency authorisation ends","content":"### sec.8AV When extraordinary emergency authorisation ends\n\nAn extraordinary emergency authorisation for an emergency situation ends when the first of the following happens—\nthe authorisation is revoked by the emergency commander;\nthe declaration made under section 5 for the emergency situation is revoked;\na declaration is made under section 8G that a terrorist emergency exists in relation to the emergency situation.\ns 8AV ins 2017 No. 30 s 35\n- (a) the authorisation is revoked by the emergency commander;\n- (b) the declaration made under section 5 for the emergency situation is revoked;\n- (c) a declaration is made under section 8G that a terrorist emergency exists in relation to the emergency situation.","sortOrder":39},{"sectionNumber":"sec.8AW","sectionType":"section","heading":"When extraordinary emergency authorisation must be revoked","content":"### sec.8AW When extraordinary emergency authorisation must be revoked\n\nThe emergency commander must revoke an extraordinary emergency authorisation for an emergency situation if satisfied that the exercise of each of the extraordinary emergency powers stated in the authorisation is no longer necessary to effectively deal with the emergency situation.\nIf the emergency commander revokes the extraordinary emergency authorisation, the emergency commander must as soon as reasonably practicable—\nnote the date and time of the revocation on the emergency situation certificate for the emergency situation; and\ninform police officers of the revocation.\ns 8AW ins 2017 No. 30 s 35\n(sec.8AW-ssec.1) The emergency commander must revoke an extraordinary emergency authorisation for an emergency situation if satisfied that the exercise of each of the extraordinary emergency powers stated in the authorisation is no longer necessary to effectively deal with the emergency situation.\n(sec.8AW-ssec.2) If the emergency commander revokes the extraordinary emergency authorisation, the emergency commander must as soon as reasonably practicable— note the date and time of the revocation on the emergency situation certificate for the emergency situation; and inform police officers of the revocation.\n- (a) note the date and time of the revocation on the emergency situation certificate for the emergency situation; and\n- (b) inform police officers of the revocation.","sortOrder":40},{"sectionNumber":"sec.8AX","sectionType":"section","heading":"Effect if extraordinary emergency authorisation ends because of terrorist emergency","content":"### sec.8AX Effect if extraordinary emergency authorisation ends because of terrorist emergency\n\nThis section applies if an extraordinary emergency authorisation for an emergency situation ends under section 8AV (c) because a terrorist emergency has been declared to exist for the emergency situation.\nA direction given, or requirement made, in relation to the emergency situation and mentioned in column 1 of the following table continues in effect for the terrorist emergency as if—\nthe direction were given, or the requirement were made, by a terrorist emergency officer in relation to the terrorist emergency under the section mentioned opposite in column 2 of the following table; and\nthe declared area for the terrorist emergency includes the authorisation area, if it does not already do so.\nColumn 1\nDirection or requirement\nColumn 2\nSection\na direction given under section 8AZA (2)\nsection 8M (2)\na requirement made under section 8AZC (2)\nsection 8O (1)\na requirement made under section 8AZC (3)\nsection 8O (2)\na requirement made under section 8AZE (2)\nsection 8PAB (2)\nSubsection (4) applies if—\nan emergency situation officer is exercising a power under section 8AZB (2) in relation to a person when the terrorist emergency is declared to exist; and\nthe declared area for the terrorist emergency does not include the authorisation area.\nThe emergency situation officer may—\ncontinue to exercise the power; and\nif the extraordinary emergency authorisation authorises the exercise of a power under section 8AZB (3) or 8AZE (2) or (6) —exercise the power in relation to the person as if the extraordinary emergency authorisation were still in effect.\nA thing seized under section 8AZB (3) in relation to the emergency situation is taken to have been seized under section 8N (3) in relation to the terrorist emergency.\nA thing seized under section 8AZE (6) in relation to the emergency situation is taken to have been seized under section 8PAB (6) in relation to the terrorist emergency.\nA person’s biometric information taken and kept under section 8AZD in relation to the emergency situation is taken to have been taken and kept under section 8PAA in relation to the terrorist emergency.\ns 8AX ins 2017 No. 30 s 35\n(sec.8AX-ssec.1) This section applies if an extraordinary emergency authorisation for an emergency situation ends under section 8AV (c) because a terrorist emergency has been declared to exist for the emergency situation.\n(sec.8AX-ssec.2) A direction given, or requirement made, in relation to the emergency situation and mentioned in column 1 of the following table continues in effect for the terrorist emergency as if— the direction were given, or the requirement were made, by a terrorist emergency officer in relation to the terrorist emergency under the section mentioned opposite in column 2 of the following table; and the declared area for the terrorist emergency includes the authorisation area, if it does not already do so. Column 1 Direction or requirement Column 2 Section a direction given under section 8AZA (2) section 8M (2) a requirement made under section 8AZC (2) section 8O (1) a requirement made under section 8AZC (3) section 8O (2) a requirement made under section 8AZE (2) section 8PAB (2)\n(sec.8AX-ssec.3) Subsection (4) applies if— an emergency situation officer is exercising a power under section 8AZB (2) in relation to a person when the terrorist emergency is declared to exist; and the declared area for the terrorist emergency does not include the authorisation area.\n(sec.8AX-ssec.4) The emergency situation officer may— continue to exercise the power; and if the extraordinary emergency authorisation authorises the exercise of a power under section 8AZB (3) or 8AZE (2) or (6) —exercise the power in relation to the person as if the extraordinary emergency authorisation were still in effect.\n(sec.8AX-ssec.5) A thing seized under section 8AZB (3) in relation to the emergency situation is taken to have been seized under section 8N (3) in relation to the terrorist emergency.\n(sec.8AX-ssec.6) A thing seized under section 8AZE (6) in relation to the emergency situation is taken to have been seized under section 8PAB (6) in relation to the terrorist emergency.\n(sec.8AX-ssec.7) A person’s biometric information taken and kept under section 8AZD in relation to the emergency situation is taken to have been taken and kept under section 8PAA in relation to the terrorist emergency.\n- (a) the direction were given, or the requirement were made, by a terrorist emergency officer in relation to the terrorist emergency under the section mentioned opposite in column 2 of the following table; and\n- (b) the declared area for the terrorist emergency includes the authorisation area, if it does not already do so.\n- (a) an emergency situation officer is exercising a power under section 8AZB (2) in relation to a person when the terrorist emergency is declared to exist; and\n- (b) the declared area for the terrorist emergency does not include the authorisation area.\n- (a) continue to exercise the power; and\n- (b) if the extraordinary emergency authorisation authorises the exercise of a power under section 8AZB (3) or 8AZE (2) or (6) —exercise the power in relation to the person as if the extraordinary emergency authorisation were still in effect.","sortOrder":41},{"sectionNumber":"sec.8AY","sectionType":"section","heading":"Application of subdivision","content":"### sec.8AY Application of subdivision\n\nThis subdivision applies if an extraordinary emergency authorisation is in effect for an emergency situation.\ns 8AY ins 2017 No. 30 s 35","sortOrder":42},{"sectionNumber":"sec.8AZ","sectionType":"section","heading":"Grounds for exercise of power","content":"### sec.8AZ Grounds for exercise of power\n\nAn emergency situation officer may exercise an extraordinary emergency power stated in the extraordinary emergency authorisation only if—\nfor a power under section 8AZA (2) —the officer is satisfied that giving a person a direction under that section is necessary—\nfor the safety of the person or another person; or\nto effectively manage the evacuation of the person; or\nto effectively receive, identify or assess the person; or\notherwise, to effectively deal with the emergency situation; or\nfor a power under a section other than section 8AZA (2) —the officer is satisfied the exercise of the power is necessary to effectively deal with the emergency situation.\nAn emergency situation officer exercising an extraordinary emergency power may use the force that is reasonably necessary.\ns 8AZ ins 2017 No. 30 s 35\n(sec.8AZ-ssec.1) An emergency situation officer may exercise an extraordinary emergency power stated in the extraordinary emergency authorisation only if— for a power under section 8AZA (2) —the officer is satisfied that giving a person a direction under that section is necessary— for the safety of the person or another person; or to effectively manage the evacuation of the person; or to effectively receive, identify or assess the person; or otherwise, to effectively deal with the emergency situation; or for a power under a section other than section 8AZA (2) —the officer is satisfied the exercise of the power is necessary to effectively deal with the emergency situation.\n(sec.8AZ-ssec.2) An emergency situation officer exercising an extraordinary emergency power may use the force that is reasonably necessary.\n- (a) for a power under section 8AZA (2) —the officer is satisfied that giving a person a direction under that section is necessary— (i) for the safety of the person or another person; or (ii) to effectively manage the evacuation of the person; or (iii) to effectively receive, identify or assess the person; or (iv) otherwise, to effectively deal with the emergency situation; or\n- (i) for the safety of the person or another person; or\n- (ii) to effectively manage the evacuation of the person; or\n- (iii) to effectively receive, identify or assess the person; or\n- (iv) otherwise, to effectively deal with the emergency situation; or\n- (b) for a power under a section other than section 8AZA (2) —the officer is satisfied the exercise of the power is necessary to effectively deal with the emergency situation.\n- (i) for the safety of the person or another person; or\n- (ii) to effectively manage the evacuation of the person; or\n- (iii) to effectively receive, identify or assess the person; or\n- (iv) otherwise, to effectively deal with the emergency situation; or","sortOrder":43},{"sectionNumber":"sec.8AZA","sectionType":"section","heading":"Power to control movement of persons","content":"### sec.8AZA Power to control movement of persons\n\nThis section applies to a person who is in the authorisation area.\nAn emergency situation officer may direct the person—\nnot to enter a stated place in the authorisation area; or\nto go to, or stay at or in, a stated place in the authorisation area.\nWhen an emergency situation officer is satisfied a direction given under subsection (2) is no longer reasonably necessary for a purpose mentioned in section 8AZ (1) (a) , the officer must ensure the direction is withdrawn.\nA person given a direction under subsection (2) is not, for that reason only, under arrest or in the custody of a police officer for the purposes of the Police Powers and Responsibilities Act 2000 .\nA direction given under subsection (2) is not an enforcement act under the Police Powers and Responsibilities Act 2000 .\ns 8AZA ins 2017 No. 30 s 35\n(sec.8AZA-ssec.1) This section applies to a person who is in the authorisation area.\n(sec.8AZA-ssec.2) An emergency situation officer may direct the person— not to enter a stated place in the authorisation area; or to go to, or stay at or in, a stated place in the authorisation area.\n(sec.8AZA-ssec.3) When an emergency situation officer is satisfied a direction given under subsection (2) is no longer reasonably necessary for a purpose mentioned in section 8AZ (1) (a) , the officer must ensure the direction is withdrawn.\n(sec.8AZA-ssec.4) A person given a direction under subsection (2) is not, for that reason only, under arrest or in the custody of a police officer for the purposes of the Police Powers and Responsibilities Act 2000 .\n(sec.8AZA-ssec.5) A direction given under subsection (2) is not an enforcement act under the Police Powers and Responsibilities Act 2000 .\n- (a) not to enter a stated place in the authorisation area; or\n- (b) to go to, or stay at or in, a stated place in the authorisation area.","sortOrder":44},{"sectionNumber":"sec.8AZB","sectionType":"section","heading":"Power to search a person without a warrant","content":"### sec.8AZB Power to search a person without a warrant\n\nThis section applies to a person who is in the authorisation area.\nAn emergency situation officer may, without a warrant, stop, detain and search the person, and anything in the person’s possession, for anything relevant to the emergency situation.\nlaptop, mobile phone\nThe emergency situation officer may seize all or part of a thing if the officer reasonably suspects—\nthe thing may provide evidence of the commission of an offence; or\nthe person may use the thing to cause harm to the person or another person.\nThe Police Powers and Responsibilities Act 2000 , chapter 20 , applies as if anything done under subsection (2) or (3) were done under that Act.\nNothing done under this section, other than the search mentioned in subsection (6) , is an enforcement act under the Police Powers and Responsibilities Act 2000 .\nA search of a person involving the removal of the person’s clothing, other than outer clothing, is an enforcement act under the Police Powers and Responsibilities Act 2000 .\ns 8AZB ins 2017 No. 30 s 35\n(sec.8AZB-ssec.1) This section applies to a person who is in the authorisation area.\n(sec.8AZB-ssec.2) An emergency situation officer may, without a warrant, stop, detain and search the person, and anything in the person’s possession, for anything relevant to the emergency situation. laptop, mobile phone\n(sec.8AZB-ssec.3) The emergency situation officer may seize all or part of a thing if the officer reasonably suspects— the thing may provide evidence of the commission of an offence; or the person may use the thing to cause harm to the person or another person.\n(sec.8AZB-ssec.4) The Police Powers and Responsibilities Act 2000 , chapter 20 , applies as if anything done under subsection (2) or (3) were done under that Act.\n(sec.8AZB-ssec.5) Nothing done under this section, other than the search mentioned in subsection (6) , is an enforcement act under the Police Powers and Responsibilities Act 2000 .\n(sec.8AZB-ssec.6) A search of a person involving the removal of the person’s clothing, other than outer clothing, is an enforcement act under the Police Powers and Responsibilities Act 2000 .\n- (a) the thing may provide evidence of the commission of an offence; or\n- (b) the person may use the thing to cause harm to the person or another person.","sortOrder":45},{"sectionNumber":"sec.8AZC","sectionType":"section","heading":"Power to require name, address and date of birth","content":"### sec.8AZC Power to require name, address and date of birth\n\nThis section applies to a person who is in the authorisation area.\nAn emergency situation officer may require the person to state the person’s correct name, address and date of birth.\nAlso, an emergency situation officer may require the person to give evidence of the correctness of the stated name, address and date of birth if, in the circumstances, it would be reasonable to expect the person—\nto be in possession of evidence of the correctness of the stated name, address and date of birth; or\nto otherwise be able to give the evidence.\ns 8AZC ins 2017 No. 30 s 35\n(sec.8AZC-ssec.1) This section applies to a person who is in the authorisation area.\n(sec.8AZC-ssec.2) An emergency situation officer may require the person to state the person’s correct name, address and date of birth.\n(sec.8AZC-ssec.3) Also, an emergency situation officer may require the person to give evidence of the correctness of the stated name, address and date of birth if, in the circumstances, it would be reasonable to expect the person— to be in possession of evidence of the correctness of the stated name, address and date of birth; or to otherwise be able to give the evidence.\n- (a) to be in possession of evidence of the correctness of the stated name, address and date of birth; or\n- (b) to otherwise be able to give the evidence.","sortOrder":46},{"sectionNumber":"sec.8AZD","sectionType":"section","heading":"Power to collect biometric information","content":"### sec.8AZD Power to collect biometric information\n\nThis section applies to a person who is in the authorisation area.\nAn emergency situation officer may take and keep a photograph of the person for the purpose of identifying the person.\nSubsection (4) applies if—\nthe person has not complied with a requirement under section 8AZC (2) ; or\nthe person has not given evidence of the correctness of the name, address or date of birth stated by the person; or\nan emergency situation officer reasonably suspects that—\nthe name, address or date of birth stated by the person is false; or\nevidence given by the person of the correctness of the name, address or date of birth stated by the person is false.\nAn emergency situation officer may, for the purpose of identifying the person or confirming the person’s identity—\nelectronically take and keep the person’s fingerprints; and\nuse a biometric system to compare the person’s biometric information with other biometric information stored in the system.\nSubsection (6) applies if the commissioner is satisfied that a person’s biometric information taken under this section—\nis no longer required for the investigation or prosecution of an offence relating to an emergency; and\nis no longer required for an inquiry or inquest, or proposed inquiry or inquest, in relation to an emergency, including, for example, a commission of inquiry or an investigation under the Coroners Act 2003 .\nThe commissioner must take reasonable steps to destroy the biometric information, and any data about the biometric information, held by the Queensland Police Service.\ns 8AZD ins 2017 No. 30 s 35\n(sec.8AZD-ssec.1) This section applies to a person who is in the authorisation area.\n(sec.8AZD-ssec.2) An emergency situation officer may take and keep a photograph of the person for the purpose of identifying the person.\n(sec.8AZD-ssec.3) Subsection (4) applies if— the person has not complied with a requirement under section 8AZC (2) ; or the person has not given evidence of the correctness of the name, address or date of birth stated by the person; or an emergency situation officer reasonably suspects that— the name, address or date of birth stated by the person is false; or evidence given by the person of the correctness of the name, address or date of birth stated by the person is false.\n(sec.8AZD-ssec.4) An emergency situation officer may, for the purpose of identifying the person or confirming the person’s identity— electronically take and keep the person’s fingerprints; and use a biometric system to compare the person’s biometric information with other biometric information stored in the system.\n(sec.8AZD-ssec.5) Subsection (6) applies if the commissioner is satisfied that a person’s biometric information taken under this section— is no longer required for the investigation or prosecution of an offence relating to an emergency; and is no longer required for an inquiry or inquest, or proposed inquiry or inquest, in relation to an emergency, including, for example, a commission of inquiry or an investigation under the Coroners Act 2003 .\n(sec.8AZD-ssec.6) The commissioner must take reasonable steps to destroy the biometric information, and any data about the biometric information, held by the Queensland Police Service.\n- (a) the person has not complied with a requirement under section 8AZC (2) ; or\n- (b) the person has not given evidence of the correctness of the name, address or date of birth stated by the person; or\n- (c) an emergency situation officer reasonably suspects that— (i) the name, address or date of birth stated by the person is false; or (ii) evidence given by the person of the correctness of the name, address or date of birth stated by the person is false.\n- (i) the name, address or date of birth stated by the person is false; or\n- (ii) evidence given by the person of the correctness of the name, address or date of birth stated by the person is false.\n- (i) the name, address or date of birth stated by the person is false; or\n- (ii) evidence given by the person of the correctness of the name, address or date of birth stated by the person is false.\n- (a) electronically take and keep the person’s fingerprints; and\n- (b) use a biometric system to compare the person’s biometric information with other biometric information stored in the system.\n- (a) is no longer required for the investigation or prosecution of an offence relating to an emergency; and\n- (b) is no longer required for an inquiry or inquest, or proposed inquiry or inquest, in relation to an emergency, including, for example, a commission of inquiry or an investigation under the Coroners Act 2003 .","sortOrder":47},{"sectionNumber":"sec.8AZE","sectionType":"section","heading":"Power to require access information or assistance","content":"### sec.8AZE Power to require access information or assistance\n\nThis section applies if—\nunder section 8AZB , a digital device is being searched or has been seized; and\nan emergency situation officer can gain access to device information from the device only with access information for the device or other assistance; and\nthe emergency situation officer reasonably suspects that a person knows, has or is able to provide the access information or assistance.\nThe emergency situation officer may require the person to give the officer—\nthe access information for the digital device; or\nany assistance necessary for the officer to gain access to device information from the device.\nWhen making the requirement, the emergency situation officer must inform the person that the person must comply with the requirement even though complying might tend to incriminate the person or expose the person to a penalty.\nThe person must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units or 1 year’s imprisonment.\nIt is not a reasonable excuse to fail to comply with the requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.\nIf the digital device is being searched under section 8AZB (2) and the person does not comply with the requirement, an emergency situation officer may seize the digital device.\nThe Police Powers and Responsibilities Act 2000 , chapter 20 applies as if anything done under subsection (6) were done under that Act.\nNothing done under subsection (6) is an enforcement act under the Police Powers and Responsibilities Act 2000 .\ns 8AZE ins 2017 No. 30 s 35\namd 2020 No. 7 s 70\n(sec.8AZE-ssec.1) This section applies if— under section 8AZB , a digital device is being searched or has been seized; and an emergency situation officer can gain access to device information from the device only with access information for the device or other assistance; and the emergency situation officer reasonably suspects that a person knows, has or is able to provide the access information or assistance.\n(sec.8AZE-ssec.2) The emergency situation officer may require the person to give the officer— the access information for the digital device; or any assistance necessary for the officer to gain access to device information from the device.\n(sec.8AZE-ssec.3) When making the requirement, the emergency situation officer must inform the person that the person must comply with the requirement even though complying might tend to incriminate the person or expose the person to a penalty.\n(sec.8AZE-ssec.4) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units or 1 year’s imprisonment.\n(sec.8AZE-ssec.5) It is not a reasonable excuse to fail to comply with the requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.\n(sec.8AZE-ssec.6) If the digital device is being searched under section 8AZB (2) and the person does not comply with the requirement, an emergency situation officer may seize the digital device.\n(sec.8AZE-ssec.7) The Police Powers and Responsibilities Act 2000 , chapter 20 applies as if anything done under subsection (6) were done under that Act.\n(sec.8AZE-ssec.8) Nothing done under subsection (6) is an enforcement act under the Police Powers and Responsibilities Act 2000 .\n- (a) under section 8AZB , a digital device is being searched or has been seized; and\n- (b) an emergency situation officer can gain access to device information from the device only with access information for the device or other assistance; and\n- (c) the emergency situation officer reasonably suspects that a person knows, has or is able to provide the access information or assistance.\n- (a) the access information for the digital device; or\n- (b) any assistance necessary for the officer to gain access to device information from the device.","sortOrder":48},{"sectionNumber":"sec.8AZF","sectionType":"section","heading":"What power to search or seize a digital device includes","content":"### sec.8AZF What power to search or seize a digital device includes\n\nWithout limiting sections 8AZB and 8AZE (6) , the power under those sections to search or seize a thing that is a digital device includes a power to do any of the following—\nuse the device to gain access to device information from the device;\nexamine device information from the device to find out whether the information may be relevant to an emergency;\nuse another digital device to make a copy of device information from the device, or send the information to another digital device for the purpose of copying the information, if the information may be—\nrelevant to an emergency; or\nevidence of an offence;\nuse the device to send a copy of device information from the device to a person if—\nthe information may be relevant to an emergency; and\nthe information is sent to the person for the purpose of managing or resolving the emergency.\ns 8AZF ins 2017 No. 30 s 35\namd 2020 No. 7 s 71\n- (a) use the device to gain access to device information from the device;\n- (b) examine device information from the device to find out whether the information may be relevant to an emergency;\n- (c) use another digital device to make a copy of device information from the device, or send the information to another digital device for the purpose of copying the information, if the information may be— (i) relevant to an emergency; or (ii) evidence of an offence;\n- (i) relevant to an emergency; or\n- (ii) evidence of an offence;\n- (d) use the device to send a copy of device information from the device to a person if— (i) the information may be relevant to an emergency; and (ii) the information is sent to the person for the purpose of managing or resolving the emergency.\n- (i) the information may be relevant to an emergency; and\n- (ii) the information is sent to the person for the purpose of managing or resolving the emergency.\n- (i) relevant to an emergency; or\n- (ii) evidence of an offence;\n- (i) the information may be relevant to an emergency; and\n- (ii) the information is sent to the person for the purpose of managing or resolving the emergency.","sortOrder":49},{"sectionNumber":"sec.8AZG","sectionType":"section","heading":"Report to Minister","content":"### sec.8AZG Report to Minister\n\nThe commissioner must give the Minister a report about the exercise of extraordinary emergency powers under an extraordinary emergency authorisation within 3 months after the authorisation ends.\nThe report—\nmust state the following—\nthe nature of the emergency situation for which the extraordinary emergency authorisation was given;\nwhen and why the extraordinary emergency authorisation was given;\nif the extraordinary emergency authorisation was revoked—when it was revoked;\nthe extraordinary emergency powers that were exercised and why and how they were exercised;\nwhether or not a terrorist emergency was declared to exist in relation to the emergency situation; and\nmay include anything else the commissioner considers appropriate.\nIf a terrorist emergency was declared to exist in relation to the emergency situation, the report may form part of the report about the terrorist emergency under section 8R .\ns 8AZG ins 2017 No. 30 s 35\n(sec.8AZG-ssec.1) The commissioner must give the Minister a report about the exercise of extraordinary emergency powers under an extraordinary emergency authorisation within 3 months after the authorisation ends.\n(sec.8AZG-ssec.2) The report— must state the following— the nature of the emergency situation for which the extraordinary emergency authorisation was given; when and why the extraordinary emergency authorisation was given; if the extraordinary emergency authorisation was revoked—when it was revoked; the extraordinary emergency powers that were exercised and why and how they were exercised; whether or not a terrorist emergency was declared to exist in relation to the emergency situation; and may include anything else the commissioner considers appropriate.\n(sec.8AZG-ssec.3) If a terrorist emergency was declared to exist in relation to the emergency situation, the report may form part of the report about the terrorist emergency under section 8R .\n- (a) must state the following— (i) the nature of the emergency situation for which the extraordinary emergency authorisation was given; (ii) when and why the extraordinary emergency authorisation was given; (iii) if the extraordinary emergency authorisation was revoked—when it was revoked; (iv) the extraordinary emergency powers that were exercised and why and how they were exercised; (v) whether or not a terrorist emergency was declared to exist in relation to the emergency situation; and\n- (i) the nature of the emergency situation for which the extraordinary emergency authorisation was given;\n- (ii) when and why the extraordinary emergency authorisation was given;\n- (iii) if the extraordinary emergency authorisation was revoked—when it was revoked;\n- (iv) the extraordinary emergency powers that were exercised and why and how they were exercised;\n- (v) whether or not a terrorist emergency was declared to exist in relation to the emergency situation; and\n- (b) may include anything else the commissioner considers appropriate.\n- (i) the nature of the emergency situation for which the extraordinary emergency authorisation was given;\n- (ii) when and why the extraordinary emergency authorisation was given;\n- (iii) if the extraordinary emergency authorisation was revoked—when it was revoked;\n- (iv) the extraordinary emergency powers that were exercised and why and how they were exercised;\n- (v) whether or not a terrorist emergency was declared to exist in relation to the emergency situation; and","sortOrder":50},{"sectionNumber":"sec.8AZH","sectionType":"section","heading":"Tabling of report in Legislative Assembly","content":"### sec.8AZH Tabling of report in Legislative Assembly\n\nThe Minister must table in the Legislative Assembly a report about the exercise of extraordinary emergency powers under an extraordinary emergency authorisation within 6 months after the authorisation ends.\nThe report—\nmust state the matters mentioned in section 8AZG (2) (a) ; and\nmay include anything else the Minister considers appropriate.\nHowever, the report is not required to include information that could reasonably be expected—\nto prejudice the investigation of a contravention or possible contravention of the law; or\nto enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or\nto endanger a person’s life or physical safety; or\nto prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or\nto prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or\nto prejudice national security.\nIf a terrorist emergency was declared to exist in relation to the emergency situation for which the extraordinary emergency authorisation was given, the report may form part of the report about the terrorist emergency under section 8S .\ns 8AZH ins 2017 No. 30 s 35\n(sec.8AZH-ssec.1) The Minister must table in the Legislative Assembly a report about the exercise of extraordinary emergency powers under an extraordinary emergency authorisation within 6 months after the authorisation ends.\n(sec.8AZH-ssec.2) The report— must state the matters mentioned in section 8AZG (2) (a) ; and may include anything else the Minister considers appropriate.\n(sec.8AZH-ssec.3) However, the report is not required to include information that could reasonably be expected— to prejudice the investigation of a contravention or possible contravention of the law; or to enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or to endanger a person’s life or physical safety; or to prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or to prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or to prejudice national security.\n(sec.8AZH-ssec.4) If a terrorist emergency was declared to exist in relation to the emergency situation for which the extraordinary emergency authorisation was given, the report may form part of the report about the terrorist emergency under section 8S .\n- (a) must state the matters mentioned in section 8AZG (2) (a) ; and\n- (b) may include anything else the Minister considers appropriate.\n- (a) to prejudice the investigation of a contravention or possible contravention of the law; or\n- (b) to enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or\n- (c) to endanger a person’s life or physical safety; or\n- (d) to prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or\n- (e) to prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or\n- (f) to prejudice national security.","sortOrder":51},{"sectionNumber":"pt.2A","sectionType":"part","heading":"Terrorist emergency","content":"# Terrorist emergency","sortOrder":52},{"sectionNumber":"pt.2A-div.1","sectionType":"division","heading":"Declaring, extending and ending terrorist emergencies","content":"## Declaring, extending and ending terrorist emergencies","sortOrder":53},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Appointment of terrorist emergency commander and terrorist emergency forward commander","content":"### sec.8A Appointment of terrorist emergency commander and terrorist emergency forward commander\n\nThis section applies if the commissioner or a deputy commissioner is satisfied on reasonable grounds that—\nan emergency situation has arisen or is likely to arise; and\nthe emergency situation results from or may result from or may lead to 1 or more terrorist acts at 1 or more places (each a terrorist emergency site ).\nThe commissioner or deputy commissioner must appoint an appropriately qualified police officer to be the terrorist emergency commander.\nUntil the commissioner or deputy commissioner appoints a terrorist emergency commander, the commissioner or deputy commissioner has all the powers of a terrorist emergency commander.\nAlso, for each terrorist emergency site, an appropriately qualified police officer must be appointed as the terrorist emergency forward commander either by the commissioner or deputy commissioner or by the terrorist emergency commander under a delegation under section 8B .\ns 8A ins 2007 No. 34 s 12\n(sec.8A-ssec.1) This section applies if the commissioner or a deputy commissioner is satisfied on reasonable grounds that— an emergency situation has arisen or is likely to arise; and the emergency situation results from or may result from or may lead to 1 or more terrorist acts at 1 or more places (each a terrorist emergency site ).\n(sec.8A-ssec.2) The commissioner or deputy commissioner must appoint an appropriately qualified police officer to be the terrorist emergency commander.\n(sec.8A-ssec.3) Until the commissioner or deputy commissioner appoints a terrorist emergency commander, the commissioner or deputy commissioner has all the powers of a terrorist emergency commander.\n(sec.8A-ssec.4) Also, for each terrorist emergency site, an appropriately qualified police officer must be appointed as the terrorist emergency forward commander either by the commissioner or deputy commissioner or by the terrorist emergency commander under a delegation under section 8B .\n- (a) an emergency situation has arisen or is likely to arise; and\n- (b) the emergency situation results from or may result from or may lead to 1 or more terrorist acts at 1 or more places (each a terrorist emergency site ).","sortOrder":54},{"sectionNumber":"sec.8B","sectionType":"section","heading":"Commissioner’s or deputy commissioner’s power to delegate","content":"### sec.8B Commissioner’s or deputy commissioner’s power to delegate\n\nThe commissioner or the deputy commissioner may delegate the power under section 8A (4) to appoint a terrorist emergency forward commander to the terrorist emergency commander appointed under the section.\ns 8B ins 2007 No. 34 s 12","sortOrder":55},{"sectionNumber":"sec.8BA","sectionType":"section","heading":"Appointment of TERC commander","content":"### sec.8BA Appointment of TERC commander\n\nThis section applies if—\na terrorist emergency has been declared under section 8G (1) ; and\nthe terrorist emergency commander is satisfied on reasonable grounds that it is or may be necessary to establish a terrorist emergency reception centre outside the declared area.\nThe terrorist emergency commander may appoint an appropriately qualified police officer to be the TERC commander for the terrorist emergency.\ns 8BA ins 2016 No. 42 s 29\n(sec.8BA-ssec.1) This section applies if— a terrorist emergency has been declared under section 8G (1) ; and the terrorist emergency commander is satisfied on reasonable grounds that it is or may be necessary to establish a terrorist emergency reception centre outside the declared area.\n(sec.8BA-ssec.2) The terrorist emergency commander may appoint an appropriately qualified police officer to be the TERC commander for the terrorist emergency.\n- (a) a terrorist emergency has been declared under section 8G (1) ; and\n- (b) the terrorist emergency commander is satisfied on reasonable grounds that it is or may be necessary to establish a terrorist emergency reception centre outside the declared area.","sortOrder":56},{"sectionNumber":"sec.8C","sectionType":"section","heading":"Function and powers of terrorist emergency commander","content":"### sec.8C Function and powers of terrorist emergency commander\n\nThe terrorist emergency commander is responsible for the overall management and control of all terrorist emergencies declared for the emergency situation for which the commander was appointed.\nThe terrorist emergency commander may give directions to—\na terrorist emergency forward commander about the performance of functions and the exercise of powers under this Act by the terrorist emergency forward commander; or\na TERC commander about the performance of functions and the exercise of powers under this Act by the TERC commander.\nThe terrorist emergency forward commander or TERC commander must comply with the directions and is generally subject to the management and control of the terrorist emergency commander.\nThe terrorist emergency commander has all the powers of a terrorist emergency forward commander and a TERC commander and, for that purpose—\na reference in this Act to a terrorist emergency forward commander includes a reference to the terrorist emergency commander; and\na reference in this Act to a TERC commander includes a reference to the terrorist emergency commander.\nSubsections (2) and (4) do not limit other powers of the terrorist emergency commander.\ns 8C ins 2007 No. 34 s 12\namd 2016 No. 42 s 30\n(sec.8C-ssec.1) The terrorist emergency commander is responsible for the overall management and control of all terrorist emergencies declared for the emergency situation for which the commander was appointed.\n(sec.8C-ssec.2) The terrorist emergency commander may give directions to— a terrorist emergency forward commander about the performance of functions and the exercise of powers under this Act by the terrorist emergency forward commander; or a TERC commander about the performance of functions and the exercise of powers under this Act by the TERC commander.\n(sec.8C-ssec.3) The terrorist emergency forward commander or TERC commander must comply with the directions and is generally subject to the management and control of the terrorist emergency commander.\n(sec.8C-ssec.4) The terrorist emergency commander has all the powers of a terrorist emergency forward commander and a TERC commander and, for that purpose— a reference in this Act to a terrorist emergency forward commander includes a reference to the terrorist emergency commander; and a reference in this Act to a TERC commander includes a reference to the terrorist emergency commander.\n(sec.8C-ssec.5) Subsections (2) and (4) do not limit other powers of the terrorist emergency commander.\n- (a) a terrorist emergency forward commander about the performance of functions and the exercise of powers under this Act by the terrorist emergency forward commander; or\n- (b) a TERC commander about the performance of functions and the exercise of powers under this Act by the TERC commander.\n- (a) a reference in this Act to a terrorist emergency forward commander includes a reference to the terrorist emergency commander; and\n- (b) a reference in this Act to a TERC commander includes a reference to the terrorist emergency commander.","sortOrder":57},{"sectionNumber":"sec.8D","sectionType":"section","heading":"Terrorist emergency commander’s power to delegate","content":"### sec.8D Terrorist emergency commander’s power to delegate\n\nThis section only applies for any period for which the terrorist emergency commander is not acting as the commander.\nThe terrorist emergency commander may delegate the commander’s functions under this Act, including the power to subdelegate functions, to an appropriately qualified police officer.\nIn this section—\nfunctions includes powers.\ns 8D ins 2007 No. 34 s 12\n(sec.8D-ssec.1) This section only applies for any period for which the terrorist emergency commander is not acting as the commander.\n(sec.8D-ssec.2) The terrorist emergency commander may delegate the commander’s functions under this Act, including the power to subdelegate functions, to an appropriately qualified police officer.\n(sec.8D-ssec.3) In this section— functions includes powers.","sortOrder":58},{"sectionNumber":"sec.8E","sectionType":"section","heading":"Function and powers of terrorist emergency forward commander","content":"### sec.8E Function and powers of terrorist emergency forward commander\n\nThe terrorist emergency forward commander appointed for a terrorist emergency site is the police forward commander for, and responsible for the management and control of—\nthe terrorist emergency site and on-site investigation; and\nif a terrorist emergency is declared under section 8G —the terrorist emergency.\nThe terrorist emergency forward commander has, for the commander’s function in relation to a terrorist emergency, the powers that an emergency commander has for an emergency situation under section 7A and part 2 , divisions 2 and 3 .\nFor subsection (2) , in section 7A and part 2 , divisions 2 and 3 —\na reference to the emergency situation certificate includes a reference to the terrorist emergency certificate; and\na reference to an emergency situation includes a reference to a terrorist emergency; and\na reference to the emergency commander includes a reference to the terrorist emergency forward commander.\nFor the purpose of the powers of a police officer acting on the terrorist emergency forward commander’s instructions, a reference in part 2 , division 2 or 3 to a police officer acting on the emergency commander’s instructions includes a reference to a police officer acting on the terrorist emergency forward commander’s instructions.\nSubsections (2) to (4) do not limit other powers of the terrorist emergency forward commander or of a police officer acting on the commander’s instructions.\nHowever, powers conferred by this section are subject to section 8L .\ns 8E ins 2007 No. 34 s 12\namd 2016 No. 42 s 31\n(sec.8E-ssec.1) The terrorist emergency forward commander appointed for a terrorist emergency site is the police forward commander for, and responsible for the management and control of— the terrorist emergency site and on-site investigation; and if a terrorist emergency is declared under section 8G —the terrorist emergency.\n(sec.8E-ssec.2) The terrorist emergency forward commander has, for the commander’s function in relation to a terrorist emergency, the powers that an emergency commander has for an emergency situation under section 7A and part 2 , divisions 2 and 3 .\n(sec.8E-ssec.3) For subsection (2) , in section 7A and part 2 , divisions 2 and 3 — a reference to the emergency situation certificate includes a reference to the terrorist emergency certificate; and a reference to an emergency situation includes a reference to a terrorist emergency; and a reference to the emergency commander includes a reference to the terrorist emergency forward commander.\n(sec.8E-ssec.4) For the purpose of the powers of a police officer acting on the terrorist emergency forward commander’s instructions, a reference in part 2 , division 2 or 3 to a police officer acting on the emergency commander’s instructions includes a reference to a police officer acting on the terrorist emergency forward commander’s instructions.\n(sec.8E-ssec.5) Subsections (2) to (4) do not limit other powers of the terrorist emergency forward commander or of a police officer acting on the commander’s instructions.\n(sec.8E-ssec.6) However, powers conferred by this section are subject to section 8L .\n- (a) the terrorist emergency site and on-site investigation; and\n- (b) if a terrorist emergency is declared under section 8G —the terrorist emergency.\n- (a) a reference to the emergency situation certificate includes a reference to the terrorist emergency certificate; and\n- (b) a reference to an emergency situation includes a reference to a terrorist emergency; and\n- (c) a reference to the emergency commander includes a reference to the terrorist emergency forward commander.","sortOrder":59},{"sectionNumber":"sec.8F","sectionType":"section","heading":"Terrorist emergency forward commander’s power to delegate","content":"### sec.8F Terrorist emergency forward commander’s power to delegate\n\nThis section only applies for any period for which the terrorist emergency forward commander is not acting as commander.\nThe commander may delegate the commander’s functions under this Act, including the power to subdelegate functions, to an appropriately qualified police officer.\nThe power to delegate does not include the power to delegate the function to issue a terrorist emergency certificate or make a note on a certificate under section 8G (4) or 8J (2) .\nFor each delegation, the terrorist forward commander must attach to the terrorist emergency certificate a copy of each written instrument mentioned in the Acts Interpretation Act 1954 , section 27A (3) and a statement outlining any revocation of the delegation.\nWithout limiting the Acts Interpretation Act 1954 , section 27A , if a delegation is in force at the end of the terrorist emergency, the delegation ends.\nIn this section—\nfunctions includes powers.\ns 8F ins 2007 No. 34 s 12\n(sec.8F-ssec.1) This section only applies for any period for which the terrorist emergency forward commander is not acting as commander.\n(sec.8F-ssec.2) The commander may delegate the commander’s functions under this Act, including the power to subdelegate functions, to an appropriately qualified police officer.\n(sec.8F-ssec.3) The power to delegate does not include the power to delegate the function to issue a terrorist emergency certificate or make a note on a certificate under section 8G (4) or 8J (2) .\n(sec.8F-ssec.4) For each delegation, the terrorist forward commander must attach to the terrorist emergency certificate a copy of each written instrument mentioned in the Acts Interpretation Act 1954 , section 27A (3) and a statement outlining any revocation of the delegation.\n(sec.8F-ssec.5) Without limiting the Acts Interpretation Act 1954 , section 27A , if a delegation is in force at the end of the terrorist emergency, the delegation ends.\n(sec.8F-ssec.6) In this section— functions includes powers.","sortOrder":60},{"sectionNumber":"sec.8FA","sectionType":"section","heading":"Function and powers of TERC commander","content":"### sec.8FA Function and powers of TERC commander\n\nThe TERC commander appointed for a terrorist emergency is responsible for—\nthe management and control of each declared evacuation area declared by the TERC commander under section 8GA ; and\nif a terrorist emergency reception centre is established in a declared evacuation area—the reception, identification and assessment of persons at the centre.\nThe TERC commander has, for the commander’s function in relation to a terrorist emergency, the powers an emergency commander has for an emergency situation under section 7A and part 2 , divisions 2 and 3 .\nFor subsection (2) , in section 7A and part 2 , divisions 2 and 3 —\na reference to the emergency situation certificate includes a reference to the terrorist emergency evacuation certificate; and\na reference to an emergency situation includes a reference to a terrorist emergency; and\na reference to the emergency commander includes a reference to the TERC commander.\nFor the purpose of the powers of a police officer acting on the TERC commander’s instructions, a reference in part 2 , division 2 or 3 to a police officer acting on the emergency commander’s instructions includes a reference to a police officer acting on the TERC commander’s instructions.\nSubsections (2) to (4) do not limit other powers of the TERC commander or of a police officer acting on the TERC commander’s instructions.\nHowever, the powers conferred under this section are subject to section 8PB .\ns 8FA ins 2016 No. 42 s 32\n(sec.8FA-ssec.1) The TERC commander appointed for a terrorist emergency is responsible for— the management and control of each declared evacuation area declared by the TERC commander under section 8GA ; and if a terrorist emergency reception centre is established in a declared evacuation area—the reception, identification and assessment of persons at the centre.\n(sec.8FA-ssec.2) The TERC commander has, for the commander’s function in relation to a terrorist emergency, the powers an emergency commander has for an emergency situation under section 7A and part 2 , divisions 2 and 3 .\n(sec.8FA-ssec.3) For subsection (2) , in section 7A and part 2 , divisions 2 and 3 — a reference to the emergency situation certificate includes a reference to the terrorist emergency evacuation certificate; and a reference to an emergency situation includes a reference to a terrorist emergency; and a reference to the emergency commander includes a reference to the TERC commander.\n(sec.8FA-ssec.4) For the purpose of the powers of a police officer acting on the TERC commander’s instructions, a reference in part 2 , division 2 or 3 to a police officer acting on the emergency commander’s instructions includes a reference to a police officer acting on the TERC commander’s instructions.\n(sec.8FA-ssec.5) Subsections (2) to (4) do not limit other powers of the TERC commander or of a police officer acting on the TERC commander’s instructions.\n(sec.8FA-ssec.6) However, the powers conferred under this section are subject to section 8PB .\n- (a) the management and control of each declared evacuation area declared by the TERC commander under section 8GA ; and\n- (b) if a terrorist emergency reception centre is established in a declared evacuation area—the reception, identification and assessment of persons at the centre.\n- (a) a reference to the emergency situation certificate includes a reference to the terrorist emergency evacuation certificate; and\n- (b) a reference to an emergency situation includes a reference to a terrorist emergency; and\n- (c) a reference to the emergency commander includes a reference to the TERC commander.","sortOrder":61},{"sectionNumber":"sec.8FB","sectionType":"section","heading":"TERC commander’s power to delegate","content":"### sec.8FB TERC commander’s power to delegate\n\nThis section applies only for a period for which the TERC commander is not acting as the TERC commander.\nThe TERC commander may delegate the commander’s functions under this Act, including the power to subdelegate functions, to an appropriately qualified police officer.\nThe power to delegate does not include the power to delegate the function to issue a terrorist emergency evacuation certificate under section 8GA (4) .\nFor each delegation, the TERC commander must attach to the terrorist emergency evacuation certificate a copy of a written instrument mentioned in the Acts Interpretation Act 1954 , section 27A (3) and a statement outlining any revocation of the delegation.\nWithout limiting the Acts Interpretation Act 1954 , section 27A , if a delegation is in force at the end of the terrorist emergency, the delegation ends.\nIn this section—\nfunctions includes powers.\ns 8FB ins 2016 No. 42 s 32\n(sec.8FB-ssec.1) This section applies only for a period for which the TERC commander is not acting as the TERC commander.\n(sec.8FB-ssec.2) The TERC commander may delegate the commander’s functions under this Act, including the power to subdelegate functions, to an appropriately qualified police officer.\n(sec.8FB-ssec.3) The power to delegate does not include the power to delegate the function to issue a terrorist emergency evacuation certificate under section 8GA (4) .\n(sec.8FB-ssec.4) For each delegation, the TERC commander must attach to the terrorist emergency evacuation certificate a copy of a written instrument mentioned in the Acts Interpretation Act 1954 , section 27A (3) and a statement outlining any revocation of the delegation.\n(sec.8FB-ssec.5) Without limiting the Acts Interpretation Act 1954 , section 27A , if a delegation is in force at the end of the terrorist emergency, the delegation ends.\n(sec.8FB-ssec.6) In this section— functions includes powers.","sortOrder":62},{"sectionNumber":"sec.8G","sectionType":"section","heading":"Terrorist emergency may be declared","content":"### sec.8G Terrorist emergency may be declared\n\nIf a terrorist emergency forward commander appointed for a terrorist emergency site is satisfied on reasonable grounds that the terrorist emergency powers are necessary to manage and control the site and circumstances relating to the site, the commander may declare that a terrorist emergency exists for a stated area (the declared area ) that includes the site.\nThe stated area must be the smallest area reasonably necessary to effectively deal with the terrorist emergency.\nWithout limiting subsection (1) , a declared area may be any description of area surrounding a moving activity.\nan area within a stated distance of a stated moving motor vehicle or vessel\nan area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way\nAs soon as practicable after making the declaration, the terrorist emergency forward commander, must issue a certificate (a terrorist emergency certificate ) signed by the commander stating—\nthat a terrorist emergency has been declared; and\nthe nature of the terrorist emergency; and\nthe date and time the terrorist emergency was declared; and\nthe declared area.\nThe terrorist emergency forward commander may at any time change the nature of the terrorist emergency or the declared area by—\namending their description on the terrorist emergency certificate; and\nnoting the date and time of the amendment on the terrorist emergency certificate.\nThe commissioner must immediately inform the Minister of the declaration of the terrorist emergency or of a significant change made under subsection (5) .\nIf after reasonable efforts, the Minister can not be contacted, the commissioner must immediately inform the Premier of the declaration or change.\nIf neither the Minister nor the Premier can be contacted, the commissioner must immediately inform the next most senior Minister who is available of the declaration or change.\nUnless any of the following happens, the declaration ends 7 days after the declaration is made—\nthe terrorist emergency forward commander, the Minister or the Premier ends the declaration sooner;\nthe Minister and the Premier extend the period of the declaration under section 8H ;\na regulation made under section 8HA extends the period of the declaration.\ns 8G ins 2007 No. 34 s 12\namd 2016 No. 42 ss 34 , 70 sch 1\n(sec.8G-ssec.1) If a terrorist emergency forward commander appointed for a terrorist emergency site is satisfied on reasonable grounds that the terrorist emergency powers are necessary to manage and control the site and circumstances relating to the site, the commander may declare that a terrorist emergency exists for a stated area (the declared area ) that includes the site.\n(sec.8G-ssec.2) The stated area must be the smallest area reasonably necessary to effectively deal with the terrorist emergency.\n(sec.8G-ssec.3) Without limiting subsection (1) , a declared area may be any description of area surrounding a moving activity. an area within a stated distance of a stated moving motor vehicle or vessel an area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way\n(sec.8G-ssec.4) As soon as practicable after making the declaration, the terrorist emergency forward commander, must issue a certificate (a terrorist emergency certificate ) signed by the commander stating— that a terrorist emergency has been declared; and the nature of the terrorist emergency; and the date and time the terrorist emergency was declared; and the declared area.\n(sec.8G-ssec.5) The terrorist emergency forward commander may at any time change the nature of the terrorist emergency or the declared area by— amending their description on the terrorist emergency certificate; and noting the date and time of the amendment on the terrorist emergency certificate.\n(sec.8G-ssec.6) The commissioner must immediately inform the Minister of the declaration of the terrorist emergency or of a significant change made under subsection (5) .\n(sec.8G-ssec.7) If after reasonable efforts, the Minister can not be contacted, the commissioner must immediately inform the Premier of the declaration or change.\n(sec.8G-ssec.8) If neither the Minister nor the Premier can be contacted, the commissioner must immediately inform the next most senior Minister who is available of the declaration or change.\n(sec.8G-ssec.9) Unless any of the following happens, the declaration ends 7 days after the declaration is made— the terrorist emergency forward commander, the Minister or the Premier ends the declaration sooner; the Minister and the Premier extend the period of the declaration under section 8H ; a regulation made under section 8HA extends the period of the declaration.\n- • an area within a stated distance of a stated moving motor vehicle or vessel\n- • an area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way\n- (a) that a terrorist emergency has been declared; and\n- (b) the nature of the terrorist emergency; and\n- (c) the date and time the terrorist emergency was declared; and\n- (d) the declared area.\n- (a) amending their description on the terrorist emergency certificate; and\n- (b) noting the date and time of the amendment on the terrorist emergency certificate.\n- (a) the terrorist emergency forward commander, the Minister or the Premier ends the declaration sooner;\n- (b) the Minister and the Premier extend the period of the declaration under section 8H ;\n- (c) a regulation made under section 8HA extends the period of the declaration.","sortOrder":63},{"sectionNumber":"sec.8GA","sectionType":"section","heading":"Evacuation areas may be declared","content":"### sec.8GA Evacuation areas may be declared\n\nThis section applies if, during the period of a terrorist emergency, the TERC commander appointed for the emergency is satisfied on reasonable grounds that the terrorist emergency powers are necessary to manage and control—\nthe evacuation of persons from a declared area; or\nthe reception, identification and assessment of persons at a terrorist emergency reception centre established outside a declared area.\nThe TERC commander may declare 1 or more of the following (each a declared evacuation area ) for the terrorist emergency—\na stated area, outside a declared area, in which a terrorist emergency reception centre has been, or is to be, established for the terrorist emergency;\nif persons evacuate from a declared area to a place other than the terrorist emergency reception centre—a stated area, outside the declared area, that includes the place to which the persons evacuate;\na stated area that includes the route for the evacuation of persons from a declared area, or a declared evacuation area mentioned in paragraph (b) , to the terrorist emergency reception centre;\na vehicle used to transport persons from a declared area, or a declared evacuation area mentioned in paragraph (b) , to the terrorist emergency reception centre and a stated area surrounding the vehicle.\na bus with a stated registration number and an area within a stated distance of the bus\na stated vessel and an area within a stated distance of the vessel\nA stated area for subsection (2) (a) to (d) must be the smallest area reasonably necessary to effectively manage—\nthe evacuation of persons from a declared area or declared evacuation area; or\nthe reception, identification and assessment of persons at the terrorist emergency reception centre or other place to which the persons evacuate.\nAs soon as practicable after making a declaration under subsection (2) , the TERC commander must issue a certificate (a terrorist emergency evacuation certificate ) signed by the commander stating—\neach declared evacuation area; and\nthe date and time the declaration was made.\nThe TERC commander may at any time change a declared evacuation area by—\namending its description on the terrorist emergency evacuation certificate; and\nnoting the date and time of the amendment on the terrorist emergency evacuation certificate.\nUnless the TERC commander ends a declaration made under subsection (2) sooner, the declaration ends when the declaration of the terrorist emergency ends.\nIn this section—\nvehicle includes vessel, aircraft or railway rolling stock.\ns 8GA ins 2016 No. 42 s 35\n(sec.8GA-ssec.1) This section applies if, during the period of a terrorist emergency, the TERC commander appointed for the emergency is satisfied on reasonable grounds that the terrorist emergency powers are necessary to manage and control— the evacuation of persons from a declared area; or the reception, identification and assessment of persons at a terrorist emergency reception centre established outside a declared area.\n(sec.8GA-ssec.2) The TERC commander may declare 1 or more of the following (each a declared evacuation area ) for the terrorist emergency— a stated area, outside a declared area, in which a terrorist emergency reception centre has been, or is to be, established for the terrorist emergency; if persons evacuate from a declared area to a place other than the terrorist emergency reception centre—a stated area, outside the declared area, that includes the place to which the persons evacuate; a stated area that includes the route for the evacuation of persons from a declared area, or a declared evacuation area mentioned in paragraph (b) , to the terrorist emergency reception centre; a vehicle used to transport persons from a declared area, or a declared evacuation area mentioned in paragraph (b) , to the terrorist emergency reception centre and a stated area surrounding the vehicle. a bus with a stated registration number and an area within a stated distance of the bus a stated vessel and an area within a stated distance of the vessel\n(sec.8GA-ssec.3) A stated area for subsection (2) (a) to (d) must be the smallest area reasonably necessary to effectively manage— the evacuation of persons from a declared area or declared evacuation area; or the reception, identification and assessment of persons at the terrorist emergency reception centre or other place to which the persons evacuate.\n(sec.8GA-ssec.4) As soon as practicable after making a declaration under subsection (2) , the TERC commander must issue a certificate (a terrorist emergency evacuation certificate ) signed by the commander stating— each declared evacuation area; and the date and time the declaration was made.\n(sec.8GA-ssec.5) The TERC commander may at any time change a declared evacuation area by— amending its description on the terrorist emergency evacuation certificate; and noting the date and time of the amendment on the terrorist emergency evacuation certificate.\n(sec.8GA-ssec.6) Unless the TERC commander ends a declaration made under subsection (2) sooner, the declaration ends when the declaration of the terrorist emergency ends.\n(sec.8GA-ssec.7) In this section— vehicle includes vessel, aircraft or railway rolling stock.\n- (a) the evacuation of persons from a declared area; or\n- (b) the reception, identification and assessment of persons at a terrorist emergency reception centre established outside a declared area.\n- (a) a stated area, outside a declared area, in which a terrorist emergency reception centre has been, or is to be, established for the terrorist emergency;\n- (b) if persons evacuate from a declared area to a place other than the terrorist emergency reception centre—a stated area, outside the declared area, that includes the place to which the persons evacuate;\n- (c) a stated area that includes the route for the evacuation of persons from a declared area, or a declared evacuation area mentioned in paragraph (b) , to the terrorist emergency reception centre;\n- (d) a vehicle used to transport persons from a declared area, or a declared evacuation area mentioned in paragraph (b) , to the terrorist emergency reception centre and a stated area surrounding the vehicle. Examples— • a bus with a stated registration number and an area within a stated distance of the bus • a stated vessel and an area within a stated distance of the vessel\n- • a bus with a stated registration number and an area within a stated distance of the bus\n- • a stated vessel and an area within a stated distance of the vessel\n- • a bus with a stated registration number and an area within a stated distance of the bus\n- • a stated vessel and an area within a stated distance of the vessel\n- (a) the evacuation of persons from a declared area or declared evacuation area; or\n- (b) the reception, identification and assessment of persons at the terrorist emergency reception centre or other place to which the persons evacuate.\n- (a) each declared evacuation area; and\n- (b) the date and time the declaration was made.\n- (a) amending its description on the terrorist emergency evacuation certificate; and\n- (b) noting the date and time of the amendment on the terrorist emergency evacuation certificate.","sortOrder":64},{"sectionNumber":"sec.8H","sectionType":"section","heading":"Extension of terrorist emergency beyond 7 days","content":"### sec.8H Extension of terrorist emergency beyond 7 days\n\nThis section applies if the Minister and the Premier are satisfied, in relation to a terrorist emergency, that it is necessary for police officers to continue to exercise terrorist emergency powers beyond the current period of the terrorist emergency to protect—\nlife or health at serious risk; or\ncritical infrastructure.\nBefore the current period of the terrorist emergency ends, the Minister and the Premier may extend the period of the terrorist emergency by 1 or more periods of not more than 7 days each.\nHowever, an extension may not be made under subsection (2) if the total period of the terrorist emergency, including the extension and each other extension already made under this section or section 8HA , would be more than 28 days.\ns 8H ins 2007 No. 34 s 12\nsub 2016 No. 42 s 36\n(sec.8H-ssec.1) This section applies if the Minister and the Premier are satisfied, in relation to a terrorist emergency, that it is necessary for police officers to continue to exercise terrorist emergency powers beyond the current period of the terrorist emergency to protect— life or health at serious risk; or critical infrastructure.\n(sec.8H-ssec.2) Before the current period of the terrorist emergency ends, the Minister and the Premier may extend the period of the terrorist emergency by 1 or more periods of not more than 7 days each.\n(sec.8H-ssec.3) However, an extension may not be made under subsection (2) if the total period of the terrorist emergency, including the extension and each other extension already made under this section or section 8HA , would be more than 28 days.\n- (a) life or health at serious risk; or\n- (b) critical infrastructure.","sortOrder":65},{"sectionNumber":"sec.8HA","sectionType":"section","heading":"Extension of terrorist emergency beyond 28 days","content":"### sec.8HA Extension of terrorist emergency beyond 28 days\n\nA regulation may extend, or further extend, the period of a terrorist emergency.\nA regulation made under this section commences on the day it is made whether or not it is notified on that day.\nAlso, a regulation made under this section—\nmust state the period, of not more than 14 days, by which the terrorist emergency is extended; and\nexpires at the end of the stated period unless it is sooner repealed or expires under section 8I (3) .\nSubsection (2) applies despite the Statutory Instruments Act 1992 , section 32 .\ns 8HA ins 2016 No. 42 s 36\n(sec.8HA-ssec.1) A regulation may extend, or further extend, the period of a terrorist emergency.\n(sec.8HA-ssec.2) A regulation made under this section commences on the day it is made whether or not it is notified on that day.\n(sec.8HA-ssec.3) Also, a regulation made under this section— must state the period, of not more than 14 days, by which the terrorist emergency is extended; and expires at the end of the stated period unless it is sooner repealed or expires under section 8I (3) .\n(sec.8HA-ssec.4) Subsection (2) applies despite the Statutory Instruments Act 1992 , section 32 .\n- (a) must state the period, of not more than 14 days, by which the terrorist emergency is extended; and\n- (b) expires at the end of the stated period unless it is sooner repealed or expires under section 8I (3) .","sortOrder":66},{"sectionNumber":"sec.8I","sectionType":"section","heading":"Relevant person must end terrorist emergency in particular circumstances","content":"### sec.8I Relevant person must end terrorist emergency in particular circumstances\n\nA relevant person must end the terrorist emergency as soon as the relevant person is satisfied it is no longer necessary for police officers to continue to exercise terrorist emergency powers to protect—\nlife or health at serious risk; or\ncritical infrastructure.\nIf a relevant person ends a terrorist emergency, the terrorist emergency forward commander must as soon as practicable—\ninform police officers of the ending; and\nnotify the date and time of the ending by gazette notice; and\ncomply with section 8J .\nA regulation made under section 8HA expires when the terrorist emergency ends.\nIn this section—\nrelevant person means the terrorist emergency commander, the Minister or the Premier.\ns 8I ins 2007 No. 34 s 12\namd 2016 No. 42 ss 37 , 70 sch 1\n(sec.8I-ssec.1) A relevant person must end the terrorist emergency as soon as the relevant person is satisfied it is no longer necessary for police officers to continue to exercise terrorist emergency powers to protect— life or health at serious risk; or critical infrastructure.\n(sec.8I-ssec.2) If a relevant person ends a terrorist emergency, the terrorist emergency forward commander must as soon as practicable— inform police officers of the ending; and notify the date and time of the ending by gazette notice; and comply with section 8J .\n(sec.8I-ssec.3) A regulation made under section 8HA expires when the terrorist emergency ends.\n(sec.8I-ssec.4) In this section— relevant person means the terrorist emergency commander, the Minister or the Premier.\n- (a) life or health at serious risk; or\n- (b) critical infrastructure.\n- (a) inform police officers of the ending; and\n- (b) notify the date and time of the ending by gazette notice; and\n- (c) comply with section 8J .","sortOrder":67},{"sectionNumber":"sec.8J","sectionType":"section","heading":"Dealing with certificates at end of terrorist emergency","content":"### sec.8J Dealing with certificates at end of terrorist emergency\n\nThis section applies when a terrorist emergency ends.\nThe terrorist emergency forward commander must note the date and time of the ending on the terrorist emergency certificate.\nThe commissioner must keep the terrorist emergency certificate and any terrorist emergency evacuation certificate for at least 6 years after the ending of the terrorist emergency.\ns 8J ins 2007 No. 34 s 12\nsub 2016 No. 42 s 38\n(sec.8J-ssec.1) This section applies when a terrorist emergency ends.\n(sec.8J-ssec.2) The terrorist emergency forward commander must note the date and time of the ending on the terrorist emergency certificate.\n(sec.8J-ssec.3) The commissioner must keep the terrorist emergency certificate and any terrorist emergency evacuation certificate for at least 6 years after the ending of the terrorist emergency.","sortOrder":68},{"sectionNumber":"pt.2A-div.2","sectionType":"division","heading":"Exercise of powers","content":"## Exercise of powers","sortOrder":69},{"sectionNumber":"sec.8K","sectionType":"section","heading":"Definition for sdiv 1","content":"### sec.8K Definition for sdiv 1\n\nIn this subdivision—\nterrorist emergency officer means—\nthe terrorist emergency forward commander; or\na police officer acting on the instructions of the terrorist emergency forward commander.\ns 8K ins 2007 No. 34 s 12\n- (a) the terrorist emergency forward commander; or\n- (b) a police officer acting on the instructions of the terrorist emergency forward commander.","sortOrder":70},{"sectionNumber":"sec.8L","sectionType":"section","heading":"Grounds for exercise of power","content":"### sec.8L Grounds for exercise of power\n\nA terrorist emergency officer may exercise a terrorist emergency power under section 8M only if the officer is satisfied that giving a person a direction under that section is necessary—\nfor the safety of the person or another person; or\nto effectively manage the evacuation of the person to a declared evacuation area; or\nto effectively receive, identify or assess the person; or\notherwise to effectively deal with the terrorist emergency.\nA terrorist emergency officer may exercise a terrorist emergency power under a section other than section 8M only if the officer is satisfied the exercise of the power is necessary to effectively deal with the terrorist emergency.\nAlso, a terrorist emergency officer may exercise a terrorist emergency power only during the period of the terrorist emergency.\nA terrorist emergency officer exercising a terrorist emergency power may use the force that is reasonably necessary.\ns 8L ins 2007 No. 34 s 12\nsub 2016 No. 42 s 40\n(sec.8L-ssec.1) A terrorist emergency officer may exercise a terrorist emergency power under section 8M only if the officer is satisfied that giving a person a direction under that section is necessary— for the safety of the person or another person; or to effectively manage the evacuation of the person to a declared evacuation area; or to effectively receive, identify or assess the person; or otherwise to effectively deal with the terrorist emergency.\n(sec.8L-ssec.2) A terrorist emergency officer may exercise a terrorist emergency power under a section other than section 8M only if the officer is satisfied the exercise of the power is necessary to effectively deal with the terrorist emergency.\n(sec.8L-ssec.3) Also, a terrorist emergency officer may exercise a terrorist emergency power only during the period of the terrorist emergency.\n(sec.8L-ssec.4) A terrorist emergency officer exercising a terrorist emergency power may use the force that is reasonably necessary.\n- (a) for the safety of the person or another person; or\n- (b) to effectively manage the evacuation of the person to a declared evacuation area; or\n- (c) to effectively receive, identify or assess the person; or\n- (d) otherwise to effectively deal with the terrorist emergency.","sortOrder":71},{"sectionNumber":"sec.8M","sectionType":"section","heading":"Power to control movement of persons","content":"### sec.8M Power to control movement of persons\n\nThis section applies to a person—\nwho is in a declared area; or\nwho a terrorist emergency officer reasonably suspects is about to enter a declared area.\nA terrorist emergency officer may direct the person—\nnot to enter the declared area or a stated place in the declared area; or\nto go to, or stay at or in, a stated place in the declared area; or\nto go to, and stay at or in, a stated declared evacuation area.\nWhen the relevant commander is satisfied a direction given under subsection (2) is no longer reasonably necessary for a purpose mentioned in section 8L (1) , the commander must ensure the direction is withdrawn.\nA person given 1 or more directions under subsection (2) is not, for that reason only, under arrest or in the custody of a police officer for the purposes of the Police Powers and Responsibilities Act 2000 .\nA direction given under subsection (2) is not an enforcement act for the purposes of the Police Powers and Responsibilities Act 2000 .\nIn this section—\nrelevant commander means—\nfor a direction given under subsection (2) (a) or (b) —the terrorist emergency forward commander; or\nfor a direction given under subsection (2) (c) —the TERC commander.\ns 8M ins 2007 No. 34 s 12\nsub 2016 No. 42 s 41\n(sec.8M-ssec.1) This section applies to a person— who is in a declared area; or who a terrorist emergency officer reasonably suspects is about to enter a declared area.\n(sec.8M-ssec.2) A terrorist emergency officer may direct the person— not to enter the declared area or a stated place in the declared area; or to go to, or stay at or in, a stated place in the declared area; or to go to, and stay at or in, a stated declared evacuation area.\n(sec.8M-ssec.3) When the relevant commander is satisfied a direction given under subsection (2) is no longer reasonably necessary for a purpose mentioned in section 8L (1) , the commander must ensure the direction is withdrawn.\n(sec.8M-ssec.4) A person given 1 or more directions under subsection (2) is not, for that reason only, under arrest or in the custody of a police officer for the purposes of the Police Powers and Responsibilities Act 2000 .\n(sec.8M-ssec.5) A direction given under subsection (2) is not an enforcement act for the purposes of the Police Powers and Responsibilities Act 2000 .\n(sec.8M-ssec.6) In this section— relevant commander means— for a direction given under subsection (2) (a) or (b) —the terrorist emergency forward commander; or for a direction given under subsection (2) (c) —the TERC commander.\n- (a) who is in a declared area; or\n- (b) who a terrorist emergency officer reasonably suspects is about to enter a declared area.\n- (a) not to enter the declared area or a stated place in the declared area; or\n- (b) to go to, or stay at or in, a stated place in the declared area; or\n- (c) to go to, and stay at or in, a stated declared evacuation area.\n- (a) for a direction given under subsection (2) (a) or (b) —the terrorist emergency forward commander; or\n- (b) for a direction given under subsection (2) (c) —the TERC commander.","sortOrder":72},{"sectionNumber":"sec.8N","sectionType":"section","heading":"Power to search a person without a warrant","content":"### sec.8N Power to search a person without a warrant\n\nThis section applies to a person—\nwho is in the declared area for a terrorist emergency; or\nwho is about to enter the declared area for a terrorist emergency; or\nwho a terrorist emergency officer reasonably suspects has recently left the declared area for a terrorist emergency.\nA terrorist emergency officer may, without a warrant, stop, detain and search the person, and anything in the person’s possession, for anything relevant to the terrorist emergency.\nlaptop, mobile phone\nThe terrorist emergency officer may seize all or part of a thing if the officer reasonably suspects—\nthe thing may provide evidence of the commission of an offence; or\nthe person may use the thing to cause harm to the person or someone else.\nThe Police Powers and Responsibilities Act 2000 , chapter 20 , applies as if anything done under subsection (2) or (3) were done under that Act.\nNothing done under this section, other than the search mentioned in subsection (6) , is an enforcement act under the Police Powers and Responsibilities Act 2000 .\nA search of a person involving the removal of the person’s clothing, other than outer clothing, is an enforcement act under the Police Powers and Responsibilities Act 2000 .\ns 8N ins 2007 No. 34 s 12\namd 2016 No. 42 s 42 ; 2017 No. 30 s 36\n(sec.8N-ssec.1) This section applies to a person— who is in the declared area for a terrorist emergency; or who is about to enter the declared area for a terrorist emergency; or who a terrorist emergency officer reasonably suspects has recently left the declared area for a terrorist emergency.\n(sec.8N-ssec.2) A terrorist emergency officer may, without a warrant, stop, detain and search the person, and anything in the person’s possession, for anything relevant to the terrorist emergency. laptop, mobile phone\n(sec.8N-ssec.3) The terrorist emergency officer may seize all or part of a thing if the officer reasonably suspects— the thing may provide evidence of the commission of an offence; or the person may use the thing to cause harm to the person or someone else.\n(sec.8N-ssec.4) The Police Powers and Responsibilities Act 2000 , chapter 20 , applies as if anything done under subsection (2) or (3) were done under that Act.\n(sec.8N-ssec.5) Nothing done under this section, other than the search mentioned in subsection (6) , is an enforcement act under the Police Powers and Responsibilities Act 2000 .\n(sec.8N-ssec.6) A search of a person involving the removal of the person’s clothing, other than outer clothing, is an enforcement act under the Police Powers and Responsibilities Act 2000 .\n- (a) who is in the declared area for a terrorist emergency; or\n- (b) who is about to enter the declared area for a terrorist emergency; or\n- (c) who a terrorist emergency officer reasonably suspects has recently left the declared area for a terrorist emergency.\n- (a) the thing may provide evidence of the commission of an offence; or\n- (b) the person may use the thing to cause harm to the person or someone else.","sortOrder":73},{"sectionNumber":"sec.8O","sectionType":"section","heading":"Power to require name, address and date of birth","content":"### sec.8O Power to require name, address and date of birth\n\nA terrorist emergency officer may require a person to state the person’s correct name, address and date of birth if the person is about to enter, is in or if the terrorist emergency officer reasonably suspects the person has recently left, a declared area for the terrorist emergency.\nAlso, the terrorist emergency officer may require the person to give evidence of the correctness of the stated name, address and date of birth if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated name, address and date of birth or to otherwise be able to give the evidence.\ns 8O ins 2007 No. 34 s 12\namd 2016 No. 42 s 43 ; 2017 No. 30 s 47 sch 1\n(sec.8O-ssec.1) A terrorist emergency officer may require a person to state the person’s correct name, address and date of birth if the person is about to enter, is in or if the terrorist emergency officer reasonably suspects the person has recently left, a declared area for the terrorist emergency.\n(sec.8O-ssec.2) Also, the terrorist emergency officer may require the person to give evidence of the correctness of the stated name, address and date of birth if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated name, address and date of birth or to otherwise be able to give the evidence.","sortOrder":74},{"sectionNumber":"sec.8P","sectionType":"section","heading":"Power to search vehicle without warrant","content":"### sec.8P Power to search vehicle without warrant\n\nA terrorist emergency officer may, without a warrant, do any of the following if a vehicle is about to enter or is in, or the officer reasonably suspects the vehicle has recently left, a declared area for the terrorist emergency—\nstop the vehicle;\ndetain the vehicle and the occupants of the vehicle;\nsearch the vehicle and anything in it for anything relevant to the terrorist emergency.\nThe terrorist emergency officer may seize all or part of a thing if the officer reasonably suspects—\nthe thing may provide evidence of the commission of an offence; or\na person may use the thing to cause harm to the person or someone else.\nThe Police Powers and Responsibilities Act 2000 , chapter 20 applies as if anything done under subsection (1) or (2) were done under that Act.\nNothing done under this section is an enforcement act under the Police Powers and Responsibilities Act 2000 .\nIn this section—\nvehicle includes vessel, aircraft or railway rolling stock.\ns 8P ins 2016 No. 42 s 44\n(sec.8P-ssec.1) A terrorist emergency officer may, without a warrant, do any of the following if a vehicle is about to enter or is in, or the officer reasonably suspects the vehicle has recently left, a declared area for the terrorist emergency— stop the vehicle; detain the vehicle and the occupants of the vehicle; search the vehicle and anything in it for anything relevant to the terrorist emergency.\n(sec.8P-ssec.2) The terrorist emergency officer may seize all or part of a thing if the officer reasonably suspects— the thing may provide evidence of the commission of an offence; or a person may use the thing to cause harm to the person or someone else.\n(sec.8P-ssec.3) The Police Powers and Responsibilities Act 2000 , chapter 20 applies as if anything done under subsection (1) or (2) were done under that Act.\n(sec.8P-ssec.4) Nothing done under this section is an enforcement act under the Police Powers and Responsibilities Act 2000 .\n(sec.8P-ssec.5) In this section— vehicle includes vessel, aircraft or railway rolling stock.\n- (a) stop the vehicle;\n- (b) detain the vehicle and the occupants of the vehicle;\n- (c) search the vehicle and anything in it for anything relevant to the terrorist emergency.\n- (a) the thing may provide evidence of the commission of an offence; or\n- (b) a person may use the thing to cause harm to the person or someone else.","sortOrder":75},{"sectionNumber":"sec.8PAA","sectionType":"section","heading":"Power to collect biometric information","content":"### sec.8PAA Power to collect biometric information\n\nThis section applies to a person—\nwho is in the declared area for a terrorist emergency; or\nwho is about to enter the declared area for a terrorist emergency; or\nwho a terrorist emergency officer reasonably suspects has recently left the declared area for a terrorist emergency.\nA terrorist emergency officer may take and keep a photograph of the person for the purpose of identifying the person.\nSubsection (4) applies if—\nthe person has not complied with a requirement under section 8O (1) ; or\nthe person has not given evidence of the correctness of the name, address or date of birth stated by the person; or\na terrorist emergency officer reasonably suspects that—\nthe name, address or date of birth stated by the person is false; or\nevidence given by the person of the correctness of the name, address or date of birth stated by the person is false.\nA terrorist emergency officer may, for the purpose of identifying the person or confirming the person’s identity—\nelectronically take and keep the person’s fingerprints; and\nuse a biometric system to compare the person’s biometric information with other biometric information stored in the system.\nSubsection (6) applies if the commissioner is satisfied a person’s biometric information taken under this section—\nis no longer required for the investigation or prosecution of an offence relating to an emergency; and\nis no longer required for an inquiry or inquest, or proposed inquiry or inquest, in relation to an emergency, including, for example, a commission of inquiry or an investigation under the Coroners Act 2003 .\nThe commissioner must take reasonable steps to destroy the biometric information, and any data about the biometric information, held by the Queensland Police Service.\ns 8PAA ins 2017 No. 30 s 37\n(sec.8PAA-ssec.1) This section applies to a person— who is in the declared area for a terrorist emergency; or who is about to enter the declared area for a terrorist emergency; or who a terrorist emergency officer reasonably suspects has recently left the declared area for a terrorist emergency.\n(sec.8PAA-ssec.2) A terrorist emergency officer may take and keep a photograph of the person for the purpose of identifying the person.\n(sec.8PAA-ssec.3) Subsection (4) applies if— the person has not complied with a requirement under section 8O (1) ; or the person has not given evidence of the correctness of the name, address or date of birth stated by the person; or a terrorist emergency officer reasonably suspects that— the name, address or date of birth stated by the person is false; or evidence given by the person of the correctness of the name, address or date of birth stated by the person is false.\n(sec.8PAA-ssec.4) A terrorist emergency officer may, for the purpose of identifying the person or confirming the person’s identity— electronically take and keep the person’s fingerprints; and use a biometric system to compare the person’s biometric information with other biometric information stored in the system.\n(sec.8PAA-ssec.5) Subsection (6) applies if the commissioner is satisfied a person’s biometric information taken under this section— is no longer required for the investigation or prosecution of an offence relating to an emergency; and is no longer required for an inquiry or inquest, or proposed inquiry or inquest, in relation to an emergency, including, for example, a commission of inquiry or an investigation under the Coroners Act 2003 .\n(sec.8PAA-ssec.6) The commissioner must take reasonable steps to destroy the biometric information, and any data about the biometric information, held by the Queensland Police Service.\n- (a) who is in the declared area for a terrorist emergency; or\n- (b) who is about to enter the declared area for a terrorist emergency; or\n- (c) who a terrorist emergency officer reasonably suspects has recently left the declared area for a terrorist emergency.\n- (a) the person has not complied with a requirement under section 8O (1) ; or\n- (b) the person has not given evidence of the correctness of the name, address or date of birth stated by the person; or\n- (c) a terrorist emergency officer reasonably suspects that— (i) the name, address or date of birth stated by the person is false; or (ii) evidence given by the person of the correctness of the name, address or date of birth stated by the person is false.\n- (i) the name, address or date of birth stated by the person is false; or\n- (ii) evidence given by the person of the correctness of the name, address or date of birth stated by the person is false.\n- (i) the name, address or date of birth stated by the person is false; or\n- (ii) evidence given by the person of the correctness of the name, address or date of birth stated by the person is false.\n- (a) electronically take and keep the person’s fingerprints; and\n- (b) use a biometric system to compare the person’s biometric information with other biometric information stored in the system.\n- (a) is no longer required for the investigation or prosecution of an offence relating to an emergency; and\n- (b) is no longer required for an inquiry or inquest, or proposed inquiry or inquest, in relation to an emergency, including, for example, a commission of inquiry or an investigation under the Coroners Act 2003 .","sortOrder":76},{"sectionNumber":"sec.8PAB","sectionType":"section","heading":"Power to require access information or assistance","content":"### sec.8PAB Power to require access information or assistance\n\nThis section applies if—\nunder section 8N or 8P , a digital device is being searched or has been seized; and\na terrorist emergency officer can gain access to device information from the device only with access information for the device or other assistance; and\nthe terrorist emergency officer reasonably suspects that a person knows, has or is able to provide the access information or assistance.\nThe terrorist emergency officer may require the person to give the officer—\nthe access information for the digital device; or\nany assistance necessary for the officer to gain access to device information from the device.\nWhen making the requirement, the terrorist emergency officer must inform the person that the person must comply with the requirement even though complying might tend to incriminate the person or expose the person to a penalty.\nThe person must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units or 1 year’s imprisonment.\nIt is not a reasonable excuse to fail to comply with the requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.\nIf the digital device is being searched under section 8N (2) or 8P (1) (c) and the person does not comply with the requirement, a terrorist emergency officer may seize the device.\nThe Police Powers and Responsibilities Act 2000 , chapter 20 applies as if anything done under subsection (6) were done under that Act.\nNothing done under subsection (6) is an enforcement act under the Police Powers and Responsibilities Act 2000 .\ns 8PAB ins 2017 No. 30 s 37\namd 2020 No. 7 s 72\n(sec.8PAB-ssec.1) This section applies if— under section 8N or 8P , a digital device is being searched or has been seized; and a terrorist emergency officer can gain access to device information from the device only with access information for the device or other assistance; and the terrorist emergency officer reasonably suspects that a person knows, has or is able to provide the access information or assistance.\n(sec.8PAB-ssec.2) The terrorist emergency officer may require the person to give the officer— the access information for the digital device; or any assistance necessary for the officer to gain access to device information from the device.\n(sec.8PAB-ssec.3) When making the requirement, the terrorist emergency officer must inform the person that the person must comply with the requirement even though complying might tend to incriminate the person or expose the person to a penalty.\n(sec.8PAB-ssec.4) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units or 1 year’s imprisonment.\n(sec.8PAB-ssec.5) It is not a reasonable excuse to fail to comply with the requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.\n(sec.8PAB-ssec.6) If the digital device is being searched under section 8N (2) or 8P (1) (c) and the person does not comply with the requirement, a terrorist emergency officer may seize the device.\n(sec.8PAB-ssec.7) The Police Powers and Responsibilities Act 2000 , chapter 20 applies as if anything done under subsection (6) were done under that Act.\n(sec.8PAB-ssec.8) Nothing done under subsection (6) is an enforcement act under the Police Powers and Responsibilities Act 2000 .\n- (a) under section 8N or 8P , a digital device is being searched or has been seized; and\n- (b) a terrorist emergency officer can gain access to device information from the device only with access information for the device or other assistance; and\n- (c) the terrorist emergency officer reasonably suspects that a person knows, has or is able to provide the access information or assistance.\n- (a) the access information for the digital device; or\n- (b) any assistance necessary for the officer to gain access to device information from the device.","sortOrder":77},{"sectionNumber":"sec.8PAC","sectionType":"section","heading":"What power to search or seize a digital device includes","content":"### sec.8PAC What power to search or seize a digital device includes\n\nWithout limiting sections 8N , 8P and 8PAB (6) , the power under those sections to search or seize a thing that is a digital device includes a power to do any of the following—\nuse the device to gain access to device information from the device;\nexamine device information from the device to find out whether the information may be relevant to an emergency;\nuse another digital device to make a copy of device information from the device, or send the information to another digital device for the purpose of copying the information, if the information may be—\nrelevant to an emergency; or\nevidence of an offence;\nuse the device to send a copy of device information from the device to a person if—\nthe information may be relevant to an emergency; and\nthe information is sent to the other person for the purpose of managing or resolving the emergency.\ns 8PAC ins 2017 No. 30 s 37\namd 2020 No. 7 s 73\n- (a) use the device to gain access to device information from the device;\n- (b) examine device information from the device to find out whether the information may be relevant to an emergency;\n- (c) use another digital device to make a copy of device information from the device, or send the information to another digital device for the purpose of copying the information, if the information may be— (i) relevant to an emergency; or (ii) evidence of an offence;\n- (i) relevant to an emergency; or\n- (ii) evidence of an offence;\n- (d) use the device to send a copy of device information from the device to a person if— (i) the information may be relevant to an emergency; and (ii) the information is sent to the other person for the purpose of managing or resolving the emergency.\n- (i) the information may be relevant to an emergency; and\n- (ii) the information is sent to the other person for the purpose of managing or resolving the emergency.\n- (i) relevant to an emergency; or\n- (ii) evidence of an offence;\n- (i) the information may be relevant to an emergency; and\n- (ii) the information is sent to the other person for the purpose of managing or resolving the emergency.","sortOrder":78},{"sectionNumber":"sec.8PA","sectionType":"section","heading":"Definition for subdivision","content":"### sec.8PA Definition for subdivision\n\nIn this subdivision—\nterrorist emergency officer means—\nthe TERC commander; or\na police officer acting on the TERC commander’s instructions.\ns 8PA ins 2016 No. 42 s 45\n- (a) the TERC commander; or\n- (b) a police officer acting on the TERC commander’s instructions.","sortOrder":79},{"sectionNumber":"sec.8PB","sectionType":"section","heading":"Grounds for exercise of power","content":"### sec.8PB Grounds for exercise of power\n\nA terrorist emergency officer may exercise a terrorist emergency power under section 8PC only if the officer is satisfied that giving a person a direction under that section is necessary—\nfor the safety of the person or another person; or\nto effectively manage the evacuation of the person to a declared evacuation area; or\nto effectively receive, identify or assess the person; or\notherwise to effectively deal with the terrorist emergency.\nA terrorist emergency officer may exercise a terrorist emergency power under a section other than section 8PC only if the officer is satisfied the exercise of the power is necessary to effectively deal with the terrorist emergency.\nAlso, a terrorist emergency officer may exercise a terrorist emergency power only during the period of the terrorist emergency.\nA terrorist emergency officer exercising a terrorist emergency power may use the force that is reasonably necessary.\ns 8PB ins 2016 No. 42 s 45\n(sec.8PB-ssec.1) A terrorist emergency officer may exercise a terrorist emergency power under section 8PC only if the officer is satisfied that giving a person a direction under that section is necessary— for the safety of the person or another person; or to effectively manage the evacuation of the person to a declared evacuation area; or to effectively receive, identify or assess the person; or otherwise to effectively deal with the terrorist emergency.\n(sec.8PB-ssec.2) A terrorist emergency officer may exercise a terrorist emergency power under a section other than section 8PC only if the officer is satisfied the exercise of the power is necessary to effectively deal with the terrorist emergency.\n(sec.8PB-ssec.3) Also, a terrorist emergency officer may exercise a terrorist emergency power only during the period of the terrorist emergency.\n(sec.8PB-ssec.4) A terrorist emergency officer exercising a terrorist emergency power may use the force that is reasonably necessary.\n- (a) for the safety of the person or another person; or\n- (b) to effectively manage the evacuation of the person to a declared evacuation area; or\n- (c) to effectively receive, identify or assess the person; or\n- (d) otherwise to effectively deal with the terrorist emergency.","sortOrder":80},{"sectionNumber":"sec.8PC","sectionType":"section","heading":"Power to control movement of persons","content":"### sec.8PC Power to control movement of persons\n\nThis section applies to a person—\nwho is in a declared evacuation area; or\nwho a terrorist emergency officer reasonably suspects is about to enter a declared evacuation area.\nA terrorist emergency officer may direct the person—\nnot to enter the declared evacuation area or a stated place in the declared evacuation area; or\nto go to, or stay at or in, a stated place in the declared evacuation area; or\nto go to, and stay at or in, another stated declared evacuation area.\nWhen the TERC commander is satisfied a direction given under subsection (2) is no longer reasonably necessary for a purpose mentioned in section 8PB (1) , the commander must ensure the direction is withdrawn.\nA person given 1 or more directions under subsection (2) is not, for that reason only, under arrest or in the custody of a police officer for the purposes of the Police Powers and Responsibilities Act 2000 .\nA direction given under subsection (2) is not an enforcement act under the Police Powers and Responsibilities Act 2000 .\ns 8PC ins 2016 No. 42 s 45\n(sec.8PC-ssec.1) This section applies to a person— who is in a declared evacuation area; or who a terrorist emergency officer reasonably suspects is about to enter a declared evacuation area.\n(sec.8PC-ssec.2) A terrorist emergency officer may direct the person— not to enter the declared evacuation area or a stated place in the declared evacuation area; or to go to, or stay at or in, a stated place in the declared evacuation area; or to go to, and stay at or in, another stated declared evacuation area.\n(sec.8PC-ssec.3) When the TERC commander is satisfied a direction given under subsection (2) is no longer reasonably necessary for a purpose mentioned in section 8PB (1) , the commander must ensure the direction is withdrawn.\n(sec.8PC-ssec.4) A person given 1 or more directions under subsection (2) is not, for that reason only, under arrest or in the custody of a police officer for the purposes of the Police Powers and Responsibilities Act 2000 .\n(sec.8PC-ssec.5) A direction given under subsection (2) is not an enforcement act under the Police Powers and Responsibilities Act 2000 .\n- (a) who is in a declared evacuation area; or\n- (b) who a terrorist emergency officer reasonably suspects is about to enter a declared evacuation area.\n- (a) not to enter the declared evacuation area or a stated place in the declared evacuation area; or\n- (b) to go to, or stay at or in, a stated place in the declared evacuation area; or\n- (c) to go to, and stay at or in, another stated declared evacuation area.","sortOrder":81},{"sectionNumber":"sec.8PD","sectionType":"section","heading":"Application of particular provisions to terrorist emergency officer","content":"### sec.8PD Application of particular provisions to terrorist emergency officer\n\nSections 8N to 8PAC apply to a terrorist emergency officer as if—\na reference in the sections to a terrorist emergency officer were a reference to a terrorist emergency officer under this subdivision; and\na reference in the sections to a declared area were a reference to a declared evacuation area.\ns 8PD ins 2016 No. 42 s 45\namd 2017 No. 30 s 38\n- (a) a reference in the sections to a terrorist emergency officer were a reference to a terrorist emergency officer under this subdivision; and\n- (b) a reference in the sections to a declared area were a reference to a declared evacuation area.","sortOrder":82},{"sectionNumber":"sec.8Q","sectionType":"section","heading":"Power to direct officers of government agencies","content":"### sec.8Q Power to direct officers of government agencies\n\nTo the extent necessary to manage and control the response of government agencies to a terrorist emergency, the commissioner may direct an officer of a government agency to do or not do an act, or to perform or not perform a function.\nThe act or function must be an act or function it is lawful for the officer to do or perform or not do or perform in the ordinary performance of the officer’s functions.\nThe direction may be given only while the declaration is in effect and only in relation to any or all declared areas or declared evacuation areas stated in the direction.\nThe direction may apply to more than 1 terrorist emergency.\nThe government agency must be consulted before the direction is given, unless it is not practicable to consult the agency because compliance with the direction—\nis required urgently; or\nis necessary for the safety of the officer to whom the direction is given or someone else.\nThe officer is authorised to comply, and must comply, with the direction.\nThe direction may be withdrawn by the Premier or the Minister responsible for the agency.\nA direction under subsection (1) may be given generally to officers holding a type of office or exercising a function.\nThis section does not limit the powers a terrorist emergency commander or terrorist emergency officer has under this or another Act.\nthe powers under section 8 to give a person a resource surrender direction, resource operator direction or help direction\nIn this section—\nfunction includes a power.\nofficer includes any employee of the government whether or not the person holds an office.\nperformance , of a function, includes the exercise of a power.\ns 8Q ins 2007 No. 34 s 12\namd 2016 No. 42 s 46\n(sec.8Q-ssec.1) To the extent necessary to manage and control the response of government agencies to a terrorist emergency, the commissioner may direct an officer of a government agency to do or not do an act, or to perform or not perform a function.\n(sec.8Q-ssec.2) The act or function must be an act or function it is lawful for the officer to do or perform or not do or perform in the ordinary performance of the officer’s functions.\n(sec.8Q-ssec.3) The direction may be given only while the declaration is in effect and only in relation to any or all declared areas or declared evacuation areas stated in the direction.\n(sec.8Q-ssec.4) The direction may apply to more than 1 terrorist emergency.\n(sec.8Q-ssec.5) The government agency must be consulted before the direction is given, unless it is not practicable to consult the agency because compliance with the direction— is required urgently; or is necessary for the safety of the officer to whom the direction is given or someone else.\n(sec.8Q-ssec.6) The officer is authorised to comply, and must comply, with the direction.\n(sec.8Q-ssec.7) The direction may be withdrawn by the Premier or the Minister responsible for the agency.\n(sec.8Q-ssec.8) A direction under subsection (1) may be given generally to officers holding a type of office or exercising a function.\n(sec.8Q-ssec.9) This section does not limit the powers a terrorist emergency commander or terrorist emergency officer has under this or another Act. the powers under section 8 to give a person a resource surrender direction, resource operator direction or help direction\n(sec.8Q-ssec.10) In this section— function includes a power. officer includes any employee of the government whether or not the person holds an office. performance , of a function, includes the exercise of a power.\n- (a) is required urgently; or\n- (b) is necessary for the safety of the officer to whom the direction is given or someone else.","sortOrder":83},{"sectionNumber":"pt.2A-div.3","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":84},{"sectionNumber":"sec.8R","sectionType":"section","heading":"Report to Minister","content":"### sec.8R Report to Minister\n\nThe commissioner must give the Minister a report about a terrorist emergency within 3 months after the end of the declaration.\nThe report—\nmust include—\nthe nature of the terrorist emergency, when and why the emergency was declared, and when it ended; and\nif the terrorist emergency declaration was extended, why it was extended; and\nthe terrorist emergency powers relied on and why they were relied on; and\nif any terrorist emergency powers were delegated under section 7A , 8F or 8FB , the reason the powers were delegated; and\nwho authorised the exercise of the terrorist emergency powers and how the powers were exercised; and\nmay include anything else the commissioner considers appropriate.\ns 8R ins 2007 No. 34 s 12\namd 2016 No. 42 s 47\n(sec.8R-ssec.1) The commissioner must give the Minister a report about a terrorist emergency within 3 months after the end of the declaration.\n(sec.8R-ssec.2) The report— must include— the nature of the terrorist emergency, when and why the emergency was declared, and when it ended; and if the terrorist emergency declaration was extended, why it was extended; and the terrorist emergency powers relied on and why they were relied on; and if any terrorist emergency powers were delegated under section 7A , 8F or 8FB , the reason the powers were delegated; and who authorised the exercise of the terrorist emergency powers and how the powers were exercised; and may include anything else the commissioner considers appropriate.\n- (a) must include— (i) the nature of the terrorist emergency, when and why the emergency was declared, and when it ended; and (ii) if the terrorist emergency declaration was extended, why it was extended; and (iii) the terrorist emergency powers relied on and why they were relied on; and (iv) if any terrorist emergency powers were delegated under section 7A , 8F or 8FB , the reason the powers were delegated; and (v) who authorised the exercise of the terrorist emergency powers and how the powers were exercised; and\n- (i) the nature of the terrorist emergency, when and why the emergency was declared, and when it ended; and\n- (ii) if the terrorist emergency declaration was extended, why it was extended; and\n- (iii) the terrorist emergency powers relied on and why they were relied on; and\n- (iv) if any terrorist emergency powers were delegated under section 7A , 8F or 8FB , the reason the powers were delegated; and\n- (v) who authorised the exercise of the terrorist emergency powers and how the powers were exercised; and\n- (b) may include anything else the commissioner considers appropriate.\n- (i) the nature of the terrorist emergency, when and why the emergency was declared, and when it ended; and\n- (ii) if the terrorist emergency declaration was extended, why it was extended; and\n- (iii) the terrorist emergency powers relied on and why they were relied on; and\n- (iv) if any terrorist emergency powers were delegated under section 7A , 8F or 8FB , the reason the powers were delegated; and\n- (v) who authorised the exercise of the terrorist emergency powers and how the powers were exercised; and","sortOrder":85},{"sectionNumber":"sec.8S","sectionType":"section","heading":"Tabling of report in Legislative Assembly","content":"### sec.8S Tabling of report in Legislative Assembly\n\nThe Minister must table in the Legislative Assembly a report about a terrorist emergency within 6 months after the end of the declaration.\nThe report must include all the information described in section 8R (2) (a) and may include anything else the Minister considers appropriate.\nSubsection (2) does not require the report to include information that could reasonably be expected—\nto prejudice the investigation of a contravention or possible contravention of the law; or\nto enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or\nto endanger a person’s life or physical safety; or\nto prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or\nto prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or\nto prejudice national security.\ns 8S ins 2007 No. 34 s 12\n(sec.8S-ssec.1) The Minister must table in the Legislative Assembly a report about a terrorist emergency within 6 months after the end of the declaration.\n(sec.8S-ssec.2) The report must include all the information described in section 8R (2) (a) and may include anything else the Minister considers appropriate.\n(sec.8S-ssec.3) Subsection (2) does not require the report to include information that could reasonably be expected— to prejudice the investigation of a contravention or possible contravention of the law; or to enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or to endanger a person’s life or physical safety; or to prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or to prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or to prejudice national security.\n- (a) to prejudice the investigation of a contravention or possible contravention of the law; or\n- (b) to enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or\n- (c) to endanger a person’s life or physical safety; or\n- (d) to prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or\n- (e) to prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or\n- (f) to prejudice national security.","sortOrder":86},{"sectionNumber":"sec.8T","sectionType":"section","heading":"Review","content":"### sec.8T Review\n\nThis part must be reviewed by the Minister before the end of 5 years after the commencement of this section.\nA report on the outcome of the review must be tabled in the Legislative Assembly within 12 months after the end of the period of 5 years.\ns 8T ins 2007 No. 34 s 12\n(sec.8T-ssec.1) This part must be reviewed by the Minister before the end of 5 years after the commencement of this section.\n(sec.8T-ssec.2) A report on the outcome of the review must be tabled in the Legislative Assembly within 12 months after the end of the period of 5 years.","sortOrder":87},{"sectionNumber":"pt.3","sectionType":"part","heading":"Chemical, biological and radiological emergencies","content":"# Chemical, biological and radiological emergencies","sortOrder":88},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":89},{"sectionNumber":"sec.9","sectionType":"section","heading":"Parliament’s intention","content":"### sec.9 Parliament’s intention\n\nIt is Parliament’s intention that the powers available under this part may be exercised—\nonly if—\nsomething has happened in which a CBR substance is involved; and\nthe nature of the particular substance requires the exercise by emergency responders of the powers under this part in addition to powers otherwise available to emergency responders under this or any other Act; and\nonly for so long as the exercise of the additional powers in the particular circumstances is necessary to ensure the chemical, biological or radiological substance involved does not pose a serious risk to the life or health of individuals.\ns 9 ins 2003 No. 46 s 13\n- (a) only if— (i) something has happened in which a CBR substance is involved; and (ii) the nature of the particular substance requires the exercise by emergency responders of the powers under this part in addition to powers otherwise available to emergency responders under this or any other Act; and\n- (i) something has happened in which a CBR substance is involved; and\n- (ii) the nature of the particular substance requires the exercise by emergency responders of the powers under this part in addition to powers otherwise available to emergency responders under this or any other Act; and\n- (b) only for so long as the exercise of the additional powers in the particular circumstances is necessary to ensure the chemical, biological or radiological substance involved does not pose a serious risk to the life or health of individuals.\n- (i) something has happened in which a CBR substance is involved; and\n- (ii) the nature of the particular substance requires the exercise by emergency responders of the powers under this part in addition to powers otherwise available to emergency responders under this or any other Act; and","sortOrder":90},{"sectionNumber":"sec.10","sectionType":"section","heading":null,"content":"### Section sec.10\n\ns 10 ins 2003 No. 46 s 13\namd 2003 No. 91 s 175 sch 1\nom 2007 No. 34 s 13","sortOrder":91},{"sectionNumber":"sec.11","sectionType":"section","heading":"CBR emergency powers and powers under other Acts","content":"### sec.11 CBR emergency powers and powers under other Acts\n\nCBR emergency powers are in addition to and do not limit the powers an emergency responder or a public service officer has under another Act.\nan inspector under the Explosives Act 1999\nan authorised person under the Environmental Protection Act 1994\na police officer under the Police Powers and Responsibilities Act 2000\nHowever, the CBRE commander may give directions about the circumstances in which the powers under the other Act may be exercised during the emergency.\nA direction under subsection (2) may be given—\nonly to emergency responders or public service officers who may exercise powers under another Act; and\nonly if it is necessary for the effective management of the CBR emergency.\nThe CBRE commander may direct an authorised person under the Environmental Protection Act 1994 to delay exercising particular powers until the CBRE commander considers it is appropriate in the circumstances for the powers to be exercised.\nIf the CBR emergency involves an outbreak of an animal disease, the CBRE commander may direct an authorised officer under the Biosecurity Act 2014 to delay exercising particular powers until the commander considers it is appropriate in the circumstances for the powers to be exercised.\nAlso, a direction under subsection (2) —\nmay be general or limited to a particular class of emergency responder or public service officer; and\nmay be given on conditions.\ns 11 ins 2003 No. 46 s 13\namd 2007 No. 34 s 7 sch ; 2014 No. 7 s 578 s ch 4 pt 2\n(sec.11-ssec.1) CBR emergency powers are in addition to and do not limit the powers an emergency responder or a public service officer has under another Act. an inspector under the Explosives Act 1999 an authorised person under the Environmental Protection Act 1994 a police officer under the Police Powers and Responsibilities Act 2000\n(sec.11-ssec.2) However, the CBRE commander may give directions about the circumstances in which the powers under the other Act may be exercised during the emergency.\n(sec.11-ssec.3) A direction under subsection (2) may be given— only to emergency responders or public service officers who may exercise powers under another Act; and only if it is necessary for the effective management of the CBR emergency. The CBRE commander may direct an authorised person under the Environmental Protection Act 1994 to delay exercising particular powers until the CBRE commander considers it is appropriate in the circumstances for the powers to be exercised. If the CBR emergency involves an outbreak of an animal disease, the CBRE commander may direct an authorised officer under the Biosecurity Act 2014 to delay exercising particular powers until the commander considers it is appropriate in the circumstances for the powers to be exercised.\n(sec.11-ssec.4) Also, a direction under subsection (2) — may be general or limited to a particular class of emergency responder or public service officer; and may be given on conditions.\n- • an inspector under the Explosives Act 1999\n- • an authorised person under the Environmental Protection Act 1994\n- • a police officer under the Police Powers and Responsibilities Act 2000\n- (a) only to emergency responders or public service officers who may exercise powers under another Act; and\n- (b) only if it is necessary for the effective management of the CBR emergency.\n- (a) may be general or limited to a particular class of emergency responder or public service officer; and\n- (b) may be given on conditions.","sortOrder":92},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Declaring, extending and ending CBR emergencies","content":"## Declaring, extending and ending CBR emergencies","sortOrder":93},{"sectionNumber":"sec.12","sectionType":"section","heading":"CBR emergency may be declared","content":"### sec.12 CBR emergency may be declared\n\nA State police officer of at least the rank of assistant commissioner may declare an emergency ( CBR emergency ) if satisfied—\nsomething has happened in which a CBR substance is involved (an incident ); and\nthe substance poses a serious risk to the life or health of individuals; and\nthe substance may spread if not contained; and\na significant coordinated effort by emergency responders is necessary to adequately respond to the incident; and\nusing powers available to an emergency commander in an emergency situation, or to someone else under another Act, would not enable emergency responders to effectively deal with the incident.\nThe CBRE commander must promptly inform the Minister of the declaration of the CBR emergency.\nIf, after reasonable efforts, the Minister can not be contacted, the CBRE commander must promptly inform the Premier of the declaration of the CBR emergency.\nIf neither the Minister nor the Premier can be contacted, the CBRE commander must promptly inform the next most senior Minister who is available of the declaration of the CBR emergency.\nAs soon as practicable after declaring the CBR emergency, the CBRE commander must make a written record of the date and time the emergency was declared.\nUnless either of the following happens, the CBR emergency ends 24 hours after the declaration is made—\na relevant person sooner ends the emergency under section 15 ;\nthe Minister and the Premier extend the period of the emergency.\ns 12 prev s 12 om 2000 No. 5 s 461 sch 3\npres s 12 ins 2003 No. 46 s 13\namd 2007 No. 34 s 7 sch ; 2016 No. 42 s 70 sch 1\n(sec.12-ssec.1) A State police officer of at least the rank of assistant commissioner may declare an emergency ( CBR emergency ) if satisfied— something has happened in which a CBR substance is involved (an incident ); and the substance poses a serious risk to the life or health of individuals; and the substance may spread if not contained; and a significant coordinated effort by emergency responders is necessary to adequately respond to the incident; and using powers available to an emergency commander in an emergency situation, or to someone else under another Act, would not enable emergency responders to effectively deal with the incident.\n(sec.12-ssec.2) The CBRE commander must promptly inform the Minister of the declaration of the CBR emergency.\n(sec.12-ssec.3) If, after reasonable efforts, the Minister can not be contacted, the CBRE commander must promptly inform the Premier of the declaration of the CBR emergency.\n(sec.12-ssec.4) If neither the Minister nor the Premier can be contacted, the CBRE commander must promptly inform the next most senior Minister who is available of the declaration of the CBR emergency.\n(sec.12-ssec.5) As soon as practicable after declaring the CBR emergency, the CBRE commander must make a written record of the date and time the emergency was declared.\n(sec.12-ssec.6) Unless either of the following happens, the CBR emergency ends 24 hours after the declaration is made— a relevant person sooner ends the emergency under section 15 ; the Minister and the Premier extend the period of the emergency.\n- (a) something has happened in which a CBR substance is involved (an incident ); and\n- (b) the substance poses a serious risk to the life or health of individuals; and\n- (c) the substance may spread if not contained; and\n- (d) a significant coordinated effort by emergency responders is necessary to adequately respond to the incident; and\n- (e) using powers available to an emergency commander in an emergency situation, or to someone else under another Act, would not enable emergency responders to effectively deal with the incident.\n- (a) a relevant person sooner ends the emergency under section 15 ;\n- (b) the Minister and the Premier extend the period of the emergency.","sortOrder":94},{"sectionNumber":"sec.13","sectionType":"section","heading":"Extension of CBR emergency up to 7 days","content":"### sec.13 Extension of CBR emergency up to 7 days\n\nThis section applies if the Minister and the Premier are satisfied—\na CBR emergency has happened; and\nit is necessary for emergency responders to continue to exercise CBR emergency powers beyond the first 24 hours ( initial period ) of the emergency to protect life or health at serious risk because of the CBR substance involved in the emergency.\nBefore the initial period of the CBR emergency ends, the Minister and the Premier may extend the period of the emergency to a total of not more than 7 days from the start of the initial period.\nFor provisions about the exercise of the detention power after the first 48 hours of a CBR emergency, see division 5 , subdivision 2 .\nIf—\nthe period of the CBR emergency as extended under subsection (2) is less than 7 days; and\nthe Minister and the Premier still consider it is necessary for emergency responders to continue to exercise CBR emergency powers to protect life or health at serious risk because of the CBR substance involved in the emergency;\nthe Minister and the Premier may further extend the period of the emergency to a total of up to 7 days from the start of the initial period of the emergency.\nUnless either of the following happens, the CBR emergency ends 7 days after the start of the initial period of the emergency—\na relevant person sooner ends the emergency under section 15 ;\na regulation extends the period of the emergency beyond the end of the 7 days.\ns 13 prev s 13 om 2000 No. 5 s 461 sch 3\npres s 13 ins 2003 No. 46 s 13\n(sec.13-ssec.1) This section applies if the Minister and the Premier are satisfied— a CBR emergency has happened; and it is necessary for emergency responders to continue to exercise CBR emergency powers beyond the first 24 hours ( initial period ) of the emergency to protect life or health at serious risk because of the CBR substance involved in the emergency.\n(sec.13-ssec.2) Before the initial period of the CBR emergency ends, the Minister and the Premier may extend the period of the emergency to a total of not more than 7 days from the start of the initial period. For provisions about the exercise of the detention power after the first 48 hours of a CBR emergency, see division 5 , subdivision 2 .\n(sec.13-ssec.3) If— the period of the CBR emergency as extended under subsection (2) is less than 7 days; and the Minister and the Premier still consider it is necessary for emergency responders to continue to exercise CBR emergency powers to protect life or health at serious risk because of the CBR substance involved in the emergency; the Minister and the Premier may further extend the period of the emergency to a total of up to 7 days from the start of the initial period of the emergency.\n(sec.13-ssec.4) Unless either of the following happens, the CBR emergency ends 7 days after the start of the initial period of the emergency— a relevant person sooner ends the emergency under section 15 ; a regulation extends the period of the emergency beyond the end of the 7 days.\n- (a) a CBR emergency has happened; and\n- (b) it is necessary for emergency responders to continue to exercise CBR emergency powers beyond the first 24 hours ( initial period ) of the emergency to protect life or health at serious risk because of the CBR substance involved in the emergency.\n- (a) the period of the CBR emergency as extended under subsection (2) is less than 7 days; and\n- (b) the Minister and the Premier still consider it is necessary for emergency responders to continue to exercise CBR emergency powers to protect life or health at serious risk because of the CBR substance involved in the emergency;\n- (a) a relevant person sooner ends the emergency under section 15 ;\n- (b) a regulation extends the period of the emergency beyond the end of the 7 days.","sortOrder":95},{"sectionNumber":"sec.14","sectionType":"section","heading":"Extension of CBR emergency beyond 7 days","content":"### sec.14 Extension of CBR emergency beyond 7 days\n\nA regulation may extend, or further extend, the period of a CBR emergency.\nA regulation made for the purposes of this section commences on the day it is made whether or not it is notified on that day.\nAlso, a regulation extending the period of a CBR emergency expires 14 days after the start of the initial period of the emergency unless it is sooner repealed or expires under section 15 (4) .\nIn addition, a regulation further extending the period of a CBR emergency must state the period, of not more than 14 days, by which the emergency is extended.\nSubsection (2) applies despite the Statutory Instruments Act 1992 , section 32 .\ns 14 prev s 14 om 2000 No. 5 s 461 sch 3\npres s 14 ins 2003 No. 46 s 13\namd 2012 No. 25 s 195 sch ; 2016 No. 42 s 48\n(sec.14-ssec.1) A regulation may extend, or further extend, the period of a CBR emergency.\n(sec.14-ssec.2) A regulation made for the purposes of this section commences on the day it is made whether or not it is notified on that day.\n(sec.14-ssec.3) Also, a regulation extending the period of a CBR emergency expires 14 days after the start of the initial period of the emergency unless it is sooner repealed or expires under section 15 (4) .\n(sec.14-ssec.4) In addition, a regulation further extending the period of a CBR emergency must state the period, of not more than 14 days, by which the emergency is extended.\n(sec.14-ssec.5) Subsection (2) applies despite the Statutory Instruments Act 1992 , section 32 .","sortOrder":96},{"sectionNumber":"sec.15","sectionType":"section","heading":"Ending CBR emergency","content":"### sec.15 Ending CBR emergency\n\nAs soon as the relevant person is satisfied it is no longer necessary for emergency responders to continue to exercise CBR emergency powers to protect life or health at serious risk because of the CBR substance involved in the CBR emergency, the relevant person must end the emergency.\nThe CBRE commander must promptly inform emergency responders of the ending of the CBR emergency.\nThe CBRE commander must also notify the ending of the CBR emergency and when it ended by gazette notice as soon as practicable.\nA regulation extending or further extending the period of the CBR emergency expires when the emergency ends.\nIn this section—\nrelevant person means—\nto end a CBR emergency within 24 hours of its start—\nif a Minister has not been notified under section 12 —the CBRE commander; or\nif a Minister has been notified under section 12 —the Minister notified; or\nif the period of the CBR emergency is extended under section 13 —the Minister and the Premier.\ns 15 prev s 15 om 2000 No. 5 s 461 sch 3\npres s 15 ins 2003 No. 46 s 13\namd 2007 No. 34 s 7 sch\n(sec.15-ssec.1) As soon as the relevant person is satisfied it is no longer necessary for emergency responders to continue to exercise CBR emergency powers to protect life or health at serious risk because of the CBR substance involved in the CBR emergency, the relevant person must end the emergency.\n(sec.15-ssec.2) The CBRE commander must promptly inform emergency responders of the ending of the CBR emergency.\n(sec.15-ssec.3) The CBRE commander must also notify the ending of the CBR emergency and when it ended by gazette notice as soon as practicable.\n(sec.15-ssec.4) A regulation extending or further extending the period of the CBR emergency expires when the emergency ends.\n(sec.15-ssec.5) In this section— relevant person means— to end a CBR emergency within 24 hours of its start— if a Minister has not been notified under section 12 —the CBRE commander; or if a Minister has been notified under section 12 —the Minister notified; or if the period of the CBR emergency is extended under section 13 —the Minister and the Premier.\n- (a) to end a CBR emergency within 24 hours of its start— (i) if a Minister has not been notified under section 12 —the CBRE commander; or (ii) if a Minister has been notified under section 12 —the Minister notified; or\n- (i) if a Minister has not been notified under section 12 —the CBRE commander; or\n- (ii) if a Minister has been notified under section 12 —the Minister notified; or\n- (b) if the period of the CBR emergency is extended under section 13 —the Minister and the Premier.\n- (i) if a Minister has not been notified under section 12 —the CBRE commander; or\n- (ii) if a Minister has been notified under section 12 —the Minister notified; or","sortOrder":97},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"CBRE commander’s coordination responsibility and general powers","content":"## CBRE commander’s coordination responsibility and general powers","sortOrder":98},{"sectionNumber":"sec.16","sectionType":"section","heading":"Meaning of CBRE commander","content":"### sec.16 Meaning of CBRE commander\n\nEach of the following is a CBRE commander —\na State police officer who declares a CBR emergency under section 12 ;\na State police officer of the rank of at least assistant commissioner who is for the time being performing the functions of the CBRE commander under this part.\ns 16 prev s 16 amd 1995 No. 58 s 4 sch 1 ; 2000 No. 5 s 461 sch 3\nom 2003 No. 46 s 14\npres s 16 ins 2003 No. 46 s 13\namd 2007 No. 34 ss 14 , 7 sch\n- (a) a State police officer who declares a CBR emergency under section 12 ;\n- (b) a State police officer of the rank of at least assistant commissioner who is for the time being performing the functions of the CBRE commander under this part.","sortOrder":99},{"sectionNumber":"sec.17","sectionType":"section","heading":"Coordination responsibility","content":"### sec.17 Coordination responsibility\n\nOn the declaration of a CBR emergency, the CBRE commander is responsible for the overall management and control of emergency responders responding to the emergency.\nFor coordinating the response by emergency responders to the CBR emergency, the CBRE commander may give directions about the circumstances in which powers available to emergency responders only under this Act may be exercised.\nA direction given under subsection (2) —\nmay be general or limited to a particular class of emergency responder; and\nmay be given on conditions.\ns 17 ins 2003 No. 46 s 13\namd 2007 No. 34 s 7 sch\n(sec.17-ssec.1) On the declaration of a CBR emergency, the CBRE commander is responsible for the overall management and control of emergency responders responding to the emergency.\n(sec.17-ssec.2) For coordinating the response by emergency responders to the CBR emergency, the CBRE commander may give directions about the circumstances in which powers available to emergency responders only under this Act may be exercised.\n(sec.17-ssec.3) A direction given under subsection (2) — may be general or limited to a particular class of emergency responder; and may be given on conditions.\n- (a) may be general or limited to a particular class of emergency responder; and\n- (b) may be given on conditions.","sortOrder":100},{"sectionNumber":"sec.18","sectionType":"section","heading":"Powers of CBRE commander","content":"### sec.18 Powers of CBRE commander\n\nOn the declaration of a CBR emergency, the CBRE commander has the following powers—\nthe powers stated in section 23 for the emergency;\nthe powers an emergency commander has in an emergency situation under section 7A or part 2 , division 2 or 3 ;\nthe power under section 19 (1) to authorise the exercise of powers available to particular emergency responders only under this part.\nUnder section 11 (2) , the CBRE commander may give directions relating to the circumstances in which emergency responders or public service officers may exercise powers under another Act.\nThe CBRE commander also has powers to give directions under section 17 (2) .\nFor subsection (1) (b) , a reference in section 7A or part 2 , division 2 or 3 to—\nan emergency commander is taken to be a reference to the CBRE commander; and\nan emergency situation is taken to be a reference to a CBR emergency.\ns 18 ins 2003 No. 46 s 13\namd 2007 No. 34 s 7 sch ; 2016 No. 42 s 49 ; 2017 No. 30 s 47 sch 1\n(sec.18-ssec.1) On the declaration of a CBR emergency, the CBRE commander has the following powers— the powers stated in section 23 for the emergency; the powers an emergency commander has in an emergency situation under section 7A or part 2 , division 2 or 3 ; the power under section 19 (1) to authorise the exercise of powers available to particular emergency responders only under this part. Under section 11 (2) , the CBRE commander may give directions relating to the circumstances in which emergency responders or public service officers may exercise powers under another Act. The CBRE commander also has powers to give directions under section 17 (2) .\n(sec.18-ssec.2) For subsection (1) (b) , a reference in section 7A or part 2 , division 2 or 3 to— an emergency commander is taken to be a reference to the CBRE commander; and an emergency situation is taken to be a reference to a CBR emergency.\n- (a) the powers stated in section 23 for the emergency;\n- (b) the powers an emergency commander has in an emergency situation under section 7A or part 2 , division 2 or 3 ;\n- (c) the power under section 19 (1) to authorise the exercise of powers available to particular emergency responders only under this part.\n- 1 Under section 11 (2) , the CBRE commander may give directions relating to the circumstances in which emergency responders or public service officers may exercise powers under another Act.\n- 2 The CBRE commander also has powers to give directions under section 17 (2) .\n- (a) an emergency commander is taken to be a reference to the CBRE commander; and\n- (b) an emergency situation is taken to be a reference to a CBR emergency.","sortOrder":101},{"sectionNumber":"sec.19","sectionType":"section","heading":"Power to authorise exercise of particular powers","content":"### sec.19 Power to authorise exercise of particular powers\n\nOn the declaration of a CBR emergency, the CBRE commander may authorise any of the following to exercise powers available to emergency responders only under this Act—\nan ambulance officer;\na fire officer;\na police officer;\na veterinary officer.\nOn the declaration of a CBR emergency, the medical controller may—\nexercise the powers of the medical controller under this part; and\nauthorise a health officer to exercise powers available to the officer only under this part.\nAn authorisation under subsection (1) or (2) —\nmay be general or limited to a particular class of emergency responder; and\nmay be given on conditions; and\nmay be given orally or in writing but if given orally must be put in writing as soon as reasonably practicable.\nA failure to put an authorisation in writing under subsection (3) (c) does not invalidate the authorisation or anything done under the authorisation.\nThe CBRE commander may delegate the power to authorise an emergency responder, other than a health officer, to exercise powers available to the responder only under this part—\nfor a power available to an ambulance officer—to the ambulance controller; or\nfor a power available to a fire officer—to the fire controller; or\nfor a power available to a veterinary officer—to the chief veterinary officer.\nDespite the Acts Interpretation Act 1954 , section 27A (3) , a delegation under subsection (5) may be made orally or in writing.\nHowever, if made orally, the delegation must be put in writing and a copy given to the delegate as soon as practicable after the delegation is made, but no later than 7 days after the CBR emergency ends.\nA delegation under subsection (5) also authorises the person to whom the power is delegated to exercise the power an emergency responder is authorised by the delegate to exercise.\nThe CBRE commander delegates to the fire controller the power to authorise fire officers to exercise the decontamination power. The fire controller is authorised to exercise the decontamination power.\ns 19 ins 2003 No. 46 s 13\namd 2007 No. 34 s 7 sch\n(sec.19-ssec.1) On the declaration of a CBR emergency, the CBRE commander may authorise any of the following to exercise powers available to emergency responders only under this Act— an ambulance officer; a fire officer; a police officer; a veterinary officer.\n(sec.19-ssec.2) On the declaration of a CBR emergency, the medical controller may— exercise the powers of the medical controller under this part; and authorise a health officer to exercise powers available to the officer only under this part.\n(sec.19-ssec.3) An authorisation under subsection (1) or (2) — may be general or limited to a particular class of emergency responder; and may be given on conditions; and may be given orally or in writing but if given orally must be put in writing as soon as reasonably practicable.\n(sec.19-ssec.4) A failure to put an authorisation in writing under subsection (3) (c) does not invalidate the authorisation or anything done under the authorisation.\n(sec.19-ssec.5) The CBRE commander may delegate the power to authorise an emergency responder, other than a health officer, to exercise powers available to the responder only under this part— for a power available to an ambulance officer—to the ambulance controller; or for a power available to a fire officer—to the fire controller; or for a power available to a veterinary officer—to the chief veterinary officer.\n(sec.19-ssec.6) Despite the Acts Interpretation Act 1954 , section 27A (3) , a delegation under subsection (5) may be made orally or in writing.\n(sec.19-ssec.7) However, if made orally, the delegation must be put in writing and a copy given to the delegate as soon as practicable after the delegation is made, but no later than 7 days after the CBR emergency ends.\n(sec.19-ssec.8) A delegation under subsection (5) also authorises the person to whom the power is delegated to exercise the power an emergency responder is authorised by the delegate to exercise. The CBRE commander delegates to the fire controller the power to authorise fire officers to exercise the decontamination power. The fire controller is authorised to exercise the decontamination power.\n- (a) an ambulance officer;\n- (b) a fire officer;\n- (c) a police officer;\n- (d) a veterinary officer.\n- (a) exercise the powers of the medical controller under this part; and\n- (b) authorise a health officer to exercise powers available to the officer only under this part.\n- (a) may be general or limited to a particular class of emergency responder; and\n- (b) may be given on conditions; and\n- (c) may be given orally or in writing but if given orally must be put in writing as soon as reasonably practicable.\n- (a) for a power available to an ambulance officer—to the ambulance controller; or\n- (b) for a power available to a fire officer—to the fire controller; or\n- (c) for a power available to a veterinary officer—to the chief veterinary officer.","sortOrder":102},{"sectionNumber":"sec.20","sectionType":"section","heading":"CBRE ambulance officers","content":"### sec.20 CBRE ambulance officers\n\nA CBRE ambulance officer may exercise the following powers—\nthe treatment power;\nthe power to give directions under section 31 .\nThe CBRE ambulance officer may exercise the relevant power only in accordance with this Act, the terms of the authorisation to exercise the power and subject to the directions of the CBRE commander or the ambulance controller.\nAlso, if the CBRE ambulance officer is a non-government ambulance officer, the ambulance officer is subject to the direction of a government ambulance officer.\ns 20 ins 2003 No. 46 s 13\namd 2007 No. 34 s 7 sch\n(sec.20-ssec.1) A CBRE ambulance officer may exercise the following powers— the treatment power; the power to give directions under section 31 .\n(sec.20-ssec.2) The CBRE ambulance officer may exercise the relevant power only in accordance with this Act, the terms of the authorisation to exercise the power and subject to the directions of the CBRE commander or the ambulance controller.\n(sec.20-ssec.3) Also, if the CBRE ambulance officer is a non-government ambulance officer, the ambulance officer is subject to the direction of a government ambulance officer.\n- (a) the treatment power;\n- (b) the power to give directions under section 31 .","sortOrder":103},{"sectionNumber":"sec.21","sectionType":"section","heading":"CBRE fire officers","content":"### sec.21 CBRE fire officers\n\nA CBRE fire officer may exercise the following powers—\nthe decontamination power;\nthe property destruction power;\nthe power to give directions under section 31 .\nThe CBRE fire officer may exercise the relevant power only in accordance with the terms of this Act, the authorisation to exercise the power and subject to the directions of the CBRE commander or the fire controller.\nAlso, if the CBRE fire officer is a non-government fire officer, the fire officer is subject to the direction of a government fire officer.\ns 21 ins 2003 No. 46 s 13\namd 2007 No. 34 s 7 sch\n(sec.21-ssec.1) A CBRE fire officer may exercise the following powers— the decontamination power; the property destruction power; the power to give directions under section 31 .\n(sec.21-ssec.2) The CBRE fire officer may exercise the relevant power only in accordance with the terms of this Act, the authorisation to exercise the power and subject to the directions of the CBRE commander or the fire controller.\n(sec.21-ssec.3) Also, if the CBRE fire officer is a non-government fire officer, the fire officer is subject to the direction of a government fire officer.\n- (a) the decontamination power;\n- (b) the property destruction power;\n- (c) the power to give directions under section 31 .","sortOrder":104},{"sectionNumber":"sec.22","sectionType":"section","heading":"CBRE health officers","content":"### sec.22 CBRE health officers\n\nA CBRE health officer may exercise the following powers—\nthe decontamination power;\nthe property destruction power;\nthe treatment power;\nthe power to give directions under section 31 .\nThe CBRE health officer may exercise the relevant power only in accordance with the terms of this Act, the authorisation to exercise the power and subject to the directions of the CBRE commander or the medical controller.\nAlso, if the CBRE health officer is a non-government health officer, the non-government health officer is subject to the direction of a government health officer.\ns 22 ins 2003 No. 46 s 13\namd 2007 No. 34 s 7 sch\n(sec.22-ssec.1) A CBRE health officer may exercise the following powers— the decontamination power; the property destruction power; the treatment power; the power to give directions under section 31 .\n(sec.22-ssec.2) The CBRE health officer may exercise the relevant power only in accordance with the terms of this Act, the authorisation to exercise the power and subject to the directions of the CBRE commander or the medical controller.\n(sec.22-ssec.3) Also, if the CBRE health officer is a non-government health officer, the non-government health officer is subject to the direction of a government health officer.\n- (a) the decontamination power;\n- (b) the property destruction power;\n- (c) the treatment power;\n- (d) the power to give directions under section 31 .","sortOrder":105},{"sectionNumber":"sec.23","sectionType":"section","heading":"CBRE police officers","content":"### sec.23 CBRE police officers\n\nA CBRE police officer may exercise the following powers—\nthe detention power;\nthe property seizure power;\nthe property destruction power;\nthe identity power;\nthe power to give directions under section 31 .\nThe CBRE police officer may exercise the relevant power only in accordance with this Act, the terms of the authorisation to exercise the power and subject to the directions of the CBRE commander.\nAlso, if the CBRE police officer is a non-State police officer, the police officer is subject to the directions of a State police officer.\ns 23 ins 2003 No. 46 s 13\namd 2007 No. 34 s 7 sch\n(sec.23-ssec.1) A CBRE police officer may exercise the following powers— the detention power; the property seizure power; the property destruction power; the identity power; the power to give directions under section 31 .\n(sec.23-ssec.2) The CBRE police officer may exercise the relevant power only in accordance with this Act, the terms of the authorisation to exercise the power and subject to the directions of the CBRE commander.\n(sec.23-ssec.3) Also, if the CBRE police officer is a non-State police officer, the police officer is subject to the directions of a State police officer.\n- (a) the detention power;\n- (b) the property seizure power;\n- (c) the property destruction power;\n- (d) the identity power;\n- (e) the power to give directions under section 31 .","sortOrder":106},{"sectionNumber":"sec.24","sectionType":"section","heading":"CBRE veterinary officers","content":"### sec.24 CBRE veterinary officers\n\nA CBRE veterinary officer may exercise the following powers—\nthe decontamination power;\nthe property destruction power;\nthe power to give directions under section 31 .\nThe CBRE veterinary officer may exercise the relevant power only in accordance with the terms of the authorisation to exercise the power and subject to the directions of the CBRE commander or the chief veterinary officer.\ns 24 ins 2003 No. 46 s 13\namd 2007 No. 34 s 7 sch\n(sec.24-ssec.1) A CBRE veterinary officer may exercise the following powers— the decontamination power; the property destruction power; the power to give directions under section 31 .\n(sec.24-ssec.2) The CBRE veterinary officer may exercise the relevant power only in accordance with the terms of the authorisation to exercise the power and subject to the directions of the CBRE commander or the chief veterinary officer.\n- (a) the decontamination power;\n- (b) the property destruction power;\n- (c) the power to give directions under section 31 .","sortOrder":107},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Exercise of powers","content":"## Exercise of powers","sortOrder":108},{"sectionNumber":"sec.25","sectionType":"section","heading":"Power to seize property","content":"### sec.25 Power to seize property\n\nA CBRE police officer may seize property to ensure a CBR substance involved in the CBR emergency is made ineffective.\nFor exercising the property seizure power, a CBRE police officer may require a person to leave in a stated place property the person possesses or controls.\nHowever, the CBRE police officer may require a person to leave property in a stated place only if the CBRE police officer considers, having regard to the substance involved in the CBR emergency—\nit is reasonably necessary to require the person to leave the property in the place; and\nit is reasonably practicable for the person to leave the property in the place.\ns 25 ins 2003 No. 46 s 13\n(sec.25-ssec.1) A CBRE police officer may seize property to ensure a CBR substance involved in the CBR emergency is made ineffective.\n(sec.25-ssec.2) For exercising the property seizure power, a CBRE police officer may require a person to leave in a stated place property the person possesses or controls.\n(sec.25-ssec.3) However, the CBRE police officer may require a person to leave property in a stated place only if the CBRE police officer considers, having regard to the substance involved in the CBR emergency— it is reasonably necessary to require the person to leave the property in the place; and it is reasonably practicable for the person to leave the property in the place.\n- (a) it is reasonably necessary to require the person to leave the property in the place; and\n- (b) it is reasonably practicable for the person to leave the property in the place.","sortOrder":109},{"sectionNumber":"sec.26","sectionType":"section","heading":"Power to destroy seized property","content":"### sec.26 Power to destroy seized property\n\nThe following emergency responders may destroy seized property to ensure a CBR substance involved in the CBR emergency is made ineffective—\na CBRE fire officer;\na CBRE health officer;\na CBRE police officer;\na CBRE veterinary officer.\nHowever, the emergency responder must not destroy property that may reasonably be decontaminated.\nFor seized property other than an animal, an emergency responder other than a CBRE veterinary officer—\nmay destroy property that is affected by a biological or radiological substance only if the medical controller decides the property should be destroyed; and\nmay destroy property that is affected by a chemical substance only if the fire controller decides the property should be destroyed.\nFor seized property that is an animal, the CBRE veterinary officer may destroy the animal—\nonly if the chief veterinary officer decides the animal should be destroyed; and\nwhether or not it is lawful under another Act to destroy the animal.\ns 26 ins 2003 No. 46 s 13\n(sec.26-ssec.1) The following emergency responders may destroy seized property to ensure a CBR substance involved in the CBR emergency is made ineffective— a CBRE fire officer; a CBRE health officer; a CBRE police officer; a CBRE veterinary officer.\n(sec.26-ssec.2) However, the emergency responder must not destroy property that may reasonably be decontaminated.\n(sec.26-ssec.3) For seized property other than an animal, an emergency responder other than a CBRE veterinary officer— may destroy property that is affected by a biological or radiological substance only if the medical controller decides the property should be destroyed; and may destroy property that is affected by a chemical substance only if the fire controller decides the property should be destroyed.\n(sec.26-ssec.4) For seized property that is an animal, the CBRE veterinary officer may destroy the animal— only if the chief veterinary officer decides the animal should be destroyed; and whether or not it is lawful under another Act to destroy the animal.\n- (a) a CBRE fire officer;\n- (b) a CBRE health officer;\n- (c) a CBRE police officer;\n- (d) a CBRE veterinary officer.\n- (a) may destroy property that is affected by a biological or radiological substance only if the medical controller decides the property should be destroyed; and\n- (b) may destroy property that is affected by a chemical substance only if the fire controller decides the property should be destroyed.\n- (a) only if the chief veterinary officer decides the animal should be destroyed; and\n- (b) whether or not it is lawful under another Act to destroy the animal.","sortOrder":110},{"sectionNumber":"sec.27","sectionType":"section","heading":"Power to require name and address","content":"### sec.27 Power to require name and address\n\nA CBRE police officer may require a person to state the person’s correct name and address.\nThe CBRE police officer may also ask a person in relation to whom the identity power is exercised to state the name and address of the person’s next of kin or someone else the person considers should be contacted to enable the CBRE police officer to contact someone to inform that person of the person’s whereabouts.\nHowever, the CBRE police officer may only exercise the identity power in relation to a person if the CBRE police officer considers it is necessary—\nto record details of—\nindividuals detained; and\nproperty seized from the person; or\nto enable the CBRE commander to contact the person if necessary because of something relating to the CBR substance involved in the CBR emergency that may put the person’s life or health, or the life or health of someone else, at risk.\nFor exercising the identity power, the CBRE police officer may require the person to produce documents in the person’s possession or control that may help establish the person’s identity.\na driver licence\nInformation given under this section may be used only for—\na purpose mentioned in subsection (3) ; or\na proceeding before the Coroners Court; or\nan investigation into an offence directly related to the CBR emergency.\nan investigation into an offence involving the release of the CBR substance\nThis section does not limit the powers a police officer has under the Police Powers and Responsibilities Act 2000 , section 40 .\ns 27 ins 2003 No. 46 s 13\namd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2007 No. 34 s 7 sch\n(sec.27-ssec.1) A CBRE police officer may require a person to state the person’s correct name and address.\n(sec.27-ssec.2) The CBRE police officer may also ask a person in relation to whom the identity power is exercised to state the name and address of the person’s next of kin or someone else the person considers should be contacted to enable the CBRE police officer to contact someone to inform that person of the person’s whereabouts.\n(sec.27-ssec.3) However, the CBRE police officer may only exercise the identity power in relation to a person if the CBRE police officer considers it is necessary— to record details of— individuals detained; and property seized from the person; or to enable the CBRE commander to contact the person if necessary because of something relating to the CBR substance involved in the CBR emergency that may put the person’s life or health, or the life or health of someone else, at risk.\n(sec.27-ssec.4) For exercising the identity power, the CBRE police officer may require the person to produce documents in the person’s possession or control that may help establish the person’s identity. a driver licence\n(sec.27-ssec.5) Information given under this section may be used only for— a purpose mentioned in subsection (3) ; or a proceeding before the Coroners Court; or an investigation into an offence directly related to the CBR emergency. an investigation into an offence involving the release of the CBR substance\n(sec.27-ssec.6) This section does not limit the powers a police officer has under the Police Powers and Responsibilities Act 2000 , section 40 .\n- (a) to record details of— (i) individuals detained; and (ii) property seized from the person; or\n- (i) individuals detained; and\n- (ii) property seized from the person; or\n- (b) to enable the CBRE commander to contact the person if necessary because of something relating to the CBR substance involved in the CBR emergency that may put the person’s life or health, or the life or health of someone else, at risk.\n- (i) individuals detained; and\n- (ii) property seized from the person; or\n- (a) a purpose mentioned in subsection (3) ; or\n- (b) a proceeding before the Coroners Court; or\n- (c) an investigation into an offence directly related to the CBR emergency. Example for paragraph (c) — an investigation into an offence involving the release of the CBR substance","sortOrder":111},{"sectionNumber":"sec.28","sectionType":"section","heading":"Power to decontaminate","content":"### sec.28 Power to decontaminate\n\nThis section applies if a person or property may be, is, or may have been affected by a CBR substance involved in the CBR emergency.\nIf the substance involved in the CBR emergency is a biological or radiological substance—\na CBRE health officer may take the steps the health officer considers reasonably necessary to decontaminate the person or property; or\na CBRE fire officer, with the approval of the medical controller, may take the steps the medical controller or a CBRE health officer considers reasonably necessary to decontaminate the person or property.\nIf the substance involved in the CBR emergency is a chemical substance, it is lawful for a CBRE fire officer to take the steps the fire officer considers reasonably necessary to decontaminate the person or property.\nSubsections (2) and (3) do not apply to an animal.\nFor subsections (2) and (3) , the steps include directing the person to stay at a stated place or to go to a stated place for the purposes of the decontamination.\nIt is lawful for a CBRE veterinary officer to take the steps the veterinary officer considers reasonably necessary to decontaminate an animal.\ns 28 ins 2003 No. 46 s 13\n(sec.28-ssec.1) This section applies if a person or property may be, is, or may have been affected by a CBR substance involved in the CBR emergency.\n(sec.28-ssec.2) If the substance involved in the CBR emergency is a biological or radiological substance— a CBRE health officer may take the steps the health officer considers reasonably necessary to decontaminate the person or property; or a CBRE fire officer, with the approval of the medical controller, may take the steps the medical controller or a CBRE health officer considers reasonably necessary to decontaminate the person or property.\n(sec.28-ssec.3) If the substance involved in the CBR emergency is a chemical substance, it is lawful for a CBRE fire officer to take the steps the fire officer considers reasonably necessary to decontaminate the person or property.\n(sec.28-ssec.4) Subsections (2) and (3) do not apply to an animal.\n(sec.28-ssec.5) For subsections (2) and (3) , the steps include directing the person to stay at a stated place or to go to a stated place for the purposes of the decontamination.\n(sec.28-ssec.6) It is lawful for a CBRE veterinary officer to take the steps the veterinary officer considers reasonably necessary to decontaminate an animal.\n- (a) a CBRE health officer may take the steps the health officer considers reasonably necessary to decontaminate the person or property; or\n- (b) a CBRE fire officer, with the approval of the medical controller, may take the steps the medical controller or a CBRE health officer considers reasonably necessary to decontaminate the person or property.","sortOrder":112},{"sectionNumber":"sec.29","sectionType":"section","heading":"Power to medically examine and treat","content":"### sec.29 Power to medically examine and treat\n\nThis section applies if a person ( relevant person ) may be, is, or may have been affected by a CBR substance involved in the CBR emergency.\nIt is lawful for a CBRE ambulance officer or a CBRE health officer to medically examine the relevant person and provide any reasonably necessary treatment for the person.\nIf a person acting under subsection (2) —\nis not a government doctor, subsection (2) is subject to any direction given by the medical controller or a government doctor; or\nis a government doctor, subsection (2) is subject to any direction given by the medical controller.\nThe power to medically examine a person includes power to take any reasonably necessary samples and perform any reasonably necessary tests for the purpose.\nThe power to treat a person includes power to isolate the person for the time reasonably necessary for preventing the spread of a CBR substance involved in the CBR emergency to others not already affected by the substance.\ns 29 ins 2003 No. 46 s 13\n(sec.29-ssec.1) This section applies if a person ( relevant person ) may be, is, or may have been affected by a CBR substance involved in the CBR emergency.\n(sec.29-ssec.2) It is lawful for a CBRE ambulance officer or a CBRE health officer to medically examine the relevant person and provide any reasonably necessary treatment for the person.\n(sec.29-ssec.3) If a person acting under subsection (2) — is not a government doctor, subsection (2) is subject to any direction given by the medical controller or a government doctor; or is a government doctor, subsection (2) is subject to any direction given by the medical controller.\n(sec.29-ssec.4) The power to medically examine a person includes power to take any reasonably necessary samples and perform any reasonably necessary tests for the purpose.\n(sec.29-ssec.5) The power to treat a person includes power to isolate the person for the time reasonably necessary for preventing the spread of a CBR substance involved in the CBR emergency to others not already affected by the substance.\n- (a) is not a government doctor, subsection (2) is subject to any direction given by the medical controller or a government doctor; or\n- (b) is a government doctor, subsection (2) is subject to any direction given by the medical controller.","sortOrder":113},{"sectionNumber":"sec.30","sectionType":"section","heading":"Refusal of medical treatment","content":"### sec.30 Refusal of medical treatment\n\nThis section applies if, after being medically examined, a person is found to require medical treatment because of the effect of the CBR substance involved in the CBR emergency.\nThe person may refuse to undergo the treatment.\nHowever, if the medical controller or a government doctor is satisfied allowing the person to leave without medical treatment will pose a serious risk to the life or health of individuals not already affected by the CBR substance involved in the CBR emergency, it is lawful for a CBRE ambulance officer or a CBRE health officer to treat the person despite the refusal.\nThe person may have been affected by a substance that can not be transmitted from person to person. If the person refuses treatment, allowing the person to leave without being treated would not pose a risk to others and there would be no reason to continue to isolate the person.\nThis section does not limit a person’s right to refuse medical treatment that is not related to a CBR substance involved in the CBR emergency.\ns 30 ins 2003 No. 46 s 13\n(sec.30-ssec.1) This section applies if, after being medically examined, a person is found to require medical treatment because of the effect of the CBR substance involved in the CBR emergency.\n(sec.30-ssec.2) The person may refuse to undergo the treatment.\n(sec.30-ssec.3) However, if the medical controller or a government doctor is satisfied allowing the person to leave without medical treatment will pose a serious risk to the life or health of individuals not already affected by the CBR substance involved in the CBR emergency, it is lawful for a CBRE ambulance officer or a CBRE health officer to treat the person despite the refusal. The person may have been affected by a substance that can not be transmitted from person to person. If the person refuses treatment, allowing the person to leave without being treated would not pose a risk to others and there would be no reason to continue to isolate the person.\n(sec.30-ssec.4) This section does not limit a person’s right to refuse medical treatment that is not related to a CBR substance involved in the CBR emergency.","sortOrder":114},{"sectionNumber":"sec.31","sectionType":"section","heading":"Power to give particular directions","content":"### sec.31 Power to give particular directions\n\nIt is lawful for an emergency responder other than a CBRE veterinary officer, for responding to the CBR emergency, to direct a person—\nto go to a stated place; or\nto stay at or in a stated place; or\nnot to enter a stated place.\nAlso, it is lawful for a CBRE veterinary officer, for responding to the CBR emergency, to direct a person—\nto take a stated animal to a stated place; or\nto leave an animal at or in a stated place.\nA person given a direction under subsection (1) or (2) must comply with the direction, unless the person has a reasonable excuse.\nMaximum penalty for subsection (3) —40 penalty units or 1 year’s imprisonment.\ns 31 ins 2003 No. 46 s 13\n(sec.31-ssec.1) It is lawful for an emergency responder other than a CBRE veterinary officer, for responding to the CBR emergency, to direct a person— to go to a stated place; or to stay at or in a stated place; or not to enter a stated place.\n(sec.31-ssec.2) Also, it is lawful for a CBRE veterinary officer, for responding to the CBR emergency, to direct a person— to take a stated animal to a stated place; or to leave an animal at or in a stated place.\n(sec.31-ssec.3) A person given a direction under subsection (1) or (2) must comply with the direction, unless the person has a reasonable excuse. Maximum penalty for subsection (3) —40 penalty units or 1 year’s imprisonment.\n- (a) to go to a stated place; or\n- (b) to stay at or in a stated place; or\n- (c) not to enter a stated place.\n- (a) to take a stated animal to a stated place; or\n- (b) to leave an animal at or in a stated place.","sortOrder":115},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Provisions about detention","content":"## Provisions about detention","sortOrder":116},{"sectionNumber":"sec.32","sectionType":"section","heading":"Power to detain","content":"### sec.32 Power to detain\n\nThe CBRE commander or a CBRE police officer may detain anyone the commander or police officer considers should be detained for a purpose mentioned in subsection (3) .\nHowever, the CBRE commander or the CBRE police officer may detain a person under subsection (1) only for the time reasonably necessary for the purpose.\nA person who requires decontamination may be detained only for the time necessary to ensure the CBR substance no longer poses a risk to the life or health of anyone else.\nThe purposes are as follows—\nto ensure a CBR substance involved in the CBR emergency is contained;\nto ensure a person detained does not pose a serious risk to the life or health of others because of the CBR substance involved in the CBR emergency.\nThe power to detain a person under subsection (1) includes—\npower to require the person to go to a stated place or stay at or in a stated place for a purpose mentioned in subsection (3) ; and\npower to move the person to a place for a purpose mentioned in subsection (3) .\nA person detained under this section is not under arrest or in the custody of a police officer for the purposes of the Police Powers and Responsibilities Act 2000 .\ns 32 ins 2003 No. 46 s 13\namd 2007 No. 34 s 7 sch\n(sec.32-ssec.1) The CBRE commander or a CBRE police officer may detain anyone the commander or police officer considers should be detained for a purpose mentioned in subsection (3) .\n(sec.32-ssec.2) However, the CBRE commander or the CBRE police officer may detain a person under subsection (1) only for the time reasonably necessary for the purpose. A person who requires decontamination may be detained only for the time necessary to ensure the CBR substance no longer poses a risk to the life or health of anyone else.\n(sec.32-ssec.3) The purposes are as follows— to ensure a CBR substance involved in the CBR emergency is contained; to ensure a person detained does not pose a serious risk to the life or health of others because of the CBR substance involved in the CBR emergency.\n(sec.32-ssec.4) The power to detain a person under subsection (1) includes— power to require the person to go to a stated place or stay at or in a stated place for a purpose mentioned in subsection (3) ; and power to move the person to a place for a purpose mentioned in subsection (3) .\n(sec.32-ssec.5) A person detained under this section is not under arrest or in the custody of a police officer for the purposes of the Police Powers and Responsibilities Act 2000 .\n- (a) to ensure a CBR substance involved in the CBR emergency is contained;\n- (b) to ensure a person detained does not pose a serious risk to the life or health of others because of the CBR substance involved in the CBR emergency.\n- (a) power to require the person to go to a stated place or stay at or in a stated place for a purpose mentioned in subsection (3) ; and\n- (b) power to move the person to a place for a purpose mentioned in subsection (3) .","sortOrder":117},{"sectionNumber":"sec.33","sectionType":"section","heading":"Continued exercise of detention power after 48 hours","content":"### sec.33 Continued exercise of detention power after 48 hours\n\nThe exercise by the CBRE commander or CBRE police officer of the detention power after the end of the first 48 hours of the CBR emergency is lawful only if a Supreme Court judge approves the continued exercise of the power.\ns 33 ins 2003 No. 46 s 13\namd 2007 No. 34 s 7 sch","sortOrder":118},{"sectionNumber":"sec.34","sectionType":"section","heading":"Application for approval to continue exercising detention power","content":"### sec.34 Application for approval to continue exercising detention power\n\nThis section applies only if the Minister and the Premier are satisfied it is necessary for the CBRE commander to continue to exercise the detention power after the first 48 hours.\nThe commissioner may apply to the Supreme Court judge for an order approving the continued exercise of the detention power.\nThe application must be made before the first 48 hours of the CBR emergency ends.\nThe commissioner must immediately give the monitor notice of the making of the application and a copy of the application.\nThe monitor is entitled to be present at the consideration of the application and, for that purpose at the hearing, may—\npresent questions for the applicant to answer and examine or cross-examine any witnesses; and\nmake submissions on the appropriateness in the public interest of granting the application.\ns 34 ins 2003 No. 46 s 13\namd 2007 No. 34 s 7 sch\n(sec.34-ssec.1) This section applies only if the Minister and the Premier are satisfied it is necessary for the CBRE commander to continue to exercise the detention power after the first 48 hours.\n(sec.34-ssec.2) The commissioner may apply to the Supreme Court judge for an order approving the continued exercise of the detention power.\n(sec.34-ssec.3) The application must be made before the first 48 hours of the CBR emergency ends.\n(sec.34-ssec.4) The commissioner must immediately give the monitor notice of the making of the application and a copy of the application.\n(sec.34-ssec.5) The monitor is entitled to be present at the consideration of the application and, for that purpose at the hearing, may— present questions for the applicant to answer and examine or cross-examine any witnesses; and make submissions on the appropriateness in the public interest of granting the application.\n- (a) present questions for the applicant to answer and examine or cross-examine any witnesses; and\n- (b) make submissions on the appropriateness in the public interest of granting the application.","sortOrder":119},{"sectionNumber":"sec.35","sectionType":"section","heading":"Consideration of application","content":"### sec.35 Consideration of application\n\nThe Supreme Court judge—\nmust decide the application as quickly as possible; and\nmay consider any representations made by the monitor; and\nmay make the orders the judge considers appropriate for deciding the application, including, for example, an order suspending the operation of the decision on the application pending the outcome of an appeal; and\nmay approve or refuse to approve the continued exercise of the detention power.\ninterim orders\norders adjourning the application until the commissioner gives the judge additional information\norders approving the release of some individuals but continuing the detention of others\nHowever, the Supreme Court judge may approve the application only if satisfied continued use of the detention power is reasonably necessary to prevent a serious risk to the life or health of individuals not already affected by the CBR substance involved in the CBR emergency.\nIf the Supreme Court judge does not decide the application before the end of the first 48 hours of the CBR emergency, it is lawful for the CBRE commander to continue to exercise the detention power until the application is finally decided.\ns 35 ins 2003 No. 46 s 13\namd 2007 No. 34 s 7 sch\n(sec.35-ssec.1) The Supreme Court judge— must decide the application as quickly as possible; and may consider any representations made by the monitor; and may make the orders the judge considers appropriate for deciding the application, including, for example, an order suspending the operation of the decision on the application pending the outcome of an appeal; and may approve or refuse to approve the continued exercise of the detention power. interim orders orders adjourning the application until the commissioner gives the judge additional information orders approving the release of some individuals but continuing the detention of others\n(sec.35-ssec.2) However, the Supreme Court judge may approve the application only if satisfied continued use of the detention power is reasonably necessary to prevent a serious risk to the life or health of individuals not already affected by the CBR substance involved in the CBR emergency.\n(sec.35-ssec.3) If the Supreme Court judge does not decide the application before the end of the first 48 hours of the CBR emergency, it is lawful for the CBRE commander to continue to exercise the detention power until the application is finally decided.\n- (a) must decide the application as quickly as possible; and\n- (b) may consider any representations made by the monitor; and\n- (c) may make the orders the judge considers appropriate for deciding the application, including, for example, an order suspending the operation of the decision on the application pending the outcome of an appeal; and\n- (d) may approve or refuse to approve the continued exercise of the detention power. Examples of orders for paragraph (c) — • interim orders • orders adjourning the application until the commissioner gives the judge additional information • orders approving the release of some individuals but continuing the detention of others\n- • interim orders\n- • orders adjourning the application until the commissioner gives the judge additional information\n- • orders approving the release of some individuals but continuing the detention of others\n- • interim orders\n- • orders adjourning the application until the commissioner gives the judge additional information\n- • orders approving the release of some individuals but continuing the detention of others","sortOrder":120},{"sectionNumber":"sec.36","sectionType":"section","heading":"Appeal","content":"### sec.36 Appeal\n\nThe commissioner may appeal to the Court of Appeal against the refusal of the Supreme Court judge to approve the continued use of the detention power.\nOn the filing of an appeal, the decision of the Supreme Court judge is stayed.\nThe Court of Appeal—\nmust hear and decide the appeal without delay; and\nmay either—\napprove the continued use of the detention power; or\nconfirm the decision appealed against and dismiss the appeal; and\nmay make the other orders the court considers appropriate.\ns 36 ins 2003 No. 46 s 13\n(sec.36-ssec.1) The commissioner may appeal to the Court of Appeal against the refusal of the Supreme Court judge to approve the continued use of the detention power.\n(sec.36-ssec.2) On the filing of an appeal, the decision of the Supreme Court judge is stayed.\n(sec.36-ssec.3) The Court of Appeal— must hear and decide the appeal without delay; and may either— approve the continued use of the detention power; or confirm the decision appealed against and dismiss the appeal; and may make the other orders the court considers appropriate.\n- (a) must hear and decide the appeal without delay; and\n- (b) may either— (i) approve the continued use of the detention power; or (ii) confirm the decision appealed against and dismiss the appeal; and\n- (i) approve the continued use of the detention power; or\n- (ii) confirm the decision appealed against and dismiss the appeal; and\n- (c) may make the other orders the court considers appropriate.\n- (i) approve the continued use of the detention power; or\n- (ii) confirm the decision appealed against and dismiss the appeal; and","sortOrder":121},{"sectionNumber":"sec.37","sectionType":"section","heading":"Application of sdiv 3","content":"### sec.37 Application of sdiv 3\n\nThis subdivision applies only in relation to a person who is detained under this part ( relevant person ).\ns 37 ins 2003 No. 46 s 13","sortOrder":122},{"sectionNumber":"sec.38","sectionType":"section","heading":"CBRE commander’s obligations in relation to relevant person","content":"### sec.38 CBRE commander’s obligations in relation to relevant person\n\nThe CBRE commander must—\nas soon as possible having regard to all the circumstances, inform the relevant person—\nthe person may apply to a Supreme Court judge for an order ending the person’s detention and how the person may apply; and\nof the person’s right to consult a lawyer of the person’s choice; and\nthat for the person to be detained beyond the first 48 hours of the CBR emergency, the commissioner must apply to a Supreme Court judge for approval for the CBRE commander to continue to exercise the detention power; and\nas soon as reasonably practicable inform the relevant person’s next of kin or someone else nominated by the person—\nthat the relevant person is detained under this part and where the person is detained; and\nof the things mentioned in paragraph (a) ; and\nof how to obtain information about the relevant person, including who to contact to obtain the information; and\nmake any reasonably necessary arrangements in the interest of the person’s welfare.\nSubsection (1) (c) applies subject to any direction given by the medical controller or a CBRE health officer.\ns 38 ins 2003 No. 46 s 13\namd 2007 No. 34 s 7 sch\n(sec.38-ssec.1) The CBRE commander must— as soon as possible having regard to all the circumstances, inform the relevant person— the person may apply to a Supreme Court judge for an order ending the person’s detention and how the person may apply; and of the person’s right to consult a lawyer of the person’s choice; and that for the person to be detained beyond the first 48 hours of the CBR emergency, the commissioner must apply to a Supreme Court judge for approval for the CBRE commander to continue to exercise the detention power; and as soon as reasonably practicable inform the relevant person’s next of kin or someone else nominated by the person— that the relevant person is detained under this part and where the person is detained; and of the things mentioned in paragraph (a) ; and of how to obtain information about the relevant person, including who to contact to obtain the information; and make any reasonably necessary arrangements in the interest of the person’s welfare.\n(sec.38-ssec.2) Subsection (1) (c) applies subject to any direction given by the medical controller or a CBRE health officer.\n- (a) as soon as possible having regard to all the circumstances, inform the relevant person— (i) the person may apply to a Supreme Court judge for an order ending the person’s detention and how the person may apply; and (ii) of the person’s right to consult a lawyer of the person’s choice; and (iii) that for the person to be detained beyond the first 48 hours of the CBR emergency, the commissioner must apply to a Supreme Court judge for approval for the CBRE commander to continue to exercise the detention power; and\n- (i) the person may apply to a Supreme Court judge for an order ending the person’s detention and how the person may apply; and\n- (ii) of the person’s right to consult a lawyer of the person’s choice; and\n- (iii) that for the person to be detained beyond the first 48 hours of the CBR emergency, the commissioner must apply to a Supreme Court judge for approval for the CBRE commander to continue to exercise the detention power; and\n- (b) as soon as reasonably practicable inform the relevant person’s next of kin or someone else nominated by the person— (i) that the relevant person is detained under this part and where the person is detained; and (ii) of the things mentioned in paragraph (a) ; and (iii) of how to obtain information about the relevant person, including who to contact to obtain the information; and\n- (i) that the relevant person is detained under this part and where the person is detained; and\n- (ii) of the things mentioned in paragraph (a) ; and\n- (iii) of how to obtain information about the relevant person, including who to contact to obtain the information; and\n- (c) make any reasonably necessary arrangements in the interest of the person’s welfare.\n- (i) the person may apply to a Supreme Court judge for an order ending the person’s detention and how the person may apply; and\n- (ii) of the person’s right to consult a lawyer of the person’s choice; and\n- (iii) that for the person to be detained beyond the first 48 hours of the CBR emergency, the commissioner must apply to a Supreme Court judge for approval for the CBRE commander to continue to exercise the detention power; and\n- (i) that the relevant person is detained under this part and where the person is detained; and\n- (ii) of the things mentioned in paragraph (a) ; and\n- (iii) of how to obtain information about the relevant person, including who to contact to obtain the information; and","sortOrder":123},{"sectionNumber":"sec.39","sectionType":"section","heading":"Application to Supreme Court judge for order ending person’s detention","content":"### sec.39 Application to Supreme Court judge for order ending person’s detention\n\nThis section applies if a relevant person has been detained under this part because of a CBR emergency.\nThe relevant person’s lawyer or a person nominated by the relevant person (the applicant ) may apply to a Supreme Court judge for an order ending the relevant person’s detention.\nThe application may be made orally or in writing but if made orally can not be made in the absence of the commissioner or the commissioner’s representative.\nThe applicant must immediately give the commissioner notice of when and where the application will be made.\nThe notice may be given orally or in writing, but if given orally must be put in writing as soon as practicable.\nThe judge—\nmust decide the application as quickly as possible; and\nmust have regard to any submissions made by the parties to the application; and\nmay make an order ending the relevant person’s detention only if satisfied the person’s continued detention is not reasonably necessary to prevent a serious risk to the life or health of individuals not already affected by the CBR substance involved in the CBR emergency; and\nmay not order the applicant to pay the respondent’s costs of the application.\nThe relevant person is not entitled to be present when the application is being heard.\ns 39 ins 2003 No. 46 s 13\n(sec.39-ssec.1) This section applies if a relevant person has been detained under this part because of a CBR emergency.\n(sec.39-ssec.2) The relevant person’s lawyer or a person nominated by the relevant person (the applicant ) may apply to a Supreme Court judge for an order ending the relevant person’s detention.\n(sec.39-ssec.3) The application may be made orally or in writing but if made orally can not be made in the absence of the commissioner or the commissioner’s representative.\n(sec.39-ssec.4) The applicant must immediately give the commissioner notice of when and where the application will be made.\n(sec.39-ssec.5) The notice may be given orally or in writing, but if given orally must be put in writing as soon as practicable.\n(sec.39-ssec.6) The judge— must decide the application as quickly as possible; and must have regard to any submissions made by the parties to the application; and may make an order ending the relevant person’s detention only if satisfied the person’s continued detention is not reasonably necessary to prevent a serious risk to the life or health of individuals not already affected by the CBR substance involved in the CBR emergency; and may not order the applicant to pay the respondent’s costs of the application.\n(sec.39-ssec.7) The relevant person is not entitled to be present when the application is being heard.\n- (a) must decide the application as quickly as possible; and\n- (b) must have regard to any submissions made by the parties to the application; and\n- (c) may make an order ending the relevant person’s detention only if satisfied the person’s continued detention is not reasonably necessary to prevent a serious risk to the life or health of individuals not already affected by the CBR substance involved in the CBR emergency; and\n- (d) may not order the applicant to pay the respondent’s costs of the application.","sortOrder":124},{"sectionNumber":"sec.40","sectionType":"section","heading":"Appeal","content":"### sec.40 Appeal\n\nA party to a decision of the Supreme Court judge on an application for an order ending a relevant person’s detention may appeal to the Court of Appeal against the decision.\nIf the commissioner is the appellant, the decision appealed against is stayed on the filing of the notice of appeal.\nThe Court of Appeal must hear and decide the appeal without delay.\nIf the commissioner is the appellant, the Court of Appeal may make an order—\nallowing the appeal; or\nconfirming the decision appealed against and dismissing the appeal.\nIf the relevant person is the appellant, the Court of Appeal may make an order—\nending the relevant person’s detention; or\nconfirming the decision appealed against and dismissing the appeal.\nThe Court of Appeal may make the other orders the court considers appropriate.\nHowever, the Court of Appeal may not order a party other than the commissioner to pay the commissioner’s costs of the appeal.\ns 40 ins 2003 No. 46 s 13\n(sec.40-ssec.1) A party to a decision of the Supreme Court judge on an application for an order ending a relevant person’s detention may appeal to the Court of Appeal against the decision.\n(sec.40-ssec.2) If the commissioner is the appellant, the decision appealed against is stayed on the filing of the notice of appeal.\n(sec.40-ssec.3) The Court of Appeal must hear and decide the appeal without delay.\n(sec.40-ssec.4) If the commissioner is the appellant, the Court of Appeal may make an order— allowing the appeal; or confirming the decision appealed against and dismissing the appeal.\n(sec.40-ssec.5) If the relevant person is the appellant, the Court of Appeal may make an order— ending the relevant person’s detention; or confirming the decision appealed against and dismissing the appeal.\n(sec.40-ssec.6) The Court of Appeal may make the other orders the court considers appropriate.\n(sec.40-ssec.7) However, the Court of Appeal may not order a party other than the commissioner to pay the commissioner’s costs of the appeal.\n- (a) allowing the appeal; or\n- (b) confirming the decision appealed against and dismissing the appeal.\n- (a) ending the relevant person’s detention; or\n- (b) confirming the decision appealed against and dismissing the appeal.","sortOrder":125},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":126},{"sectionNumber":"sec.41","sectionType":"section","heading":"Record of seized property to be kept","content":"### sec.41 Record of seized property to be kept\n\nThe commissioner must ensure a written record of property seized under this part is kept.\nThe record must include the following information—\na description of the property, sufficient to identify it;\nwhen and where the property was seized;\nif known, from whom the property was seized;\nif known, the name and address of the person who appears to be entitled to lawfully possess the property;\nwhat happened to the property after it was seized;\nif the property was destroyed—why it was destroyed;\nif the property was returned to a person under section 42 —the name and address of the person and when the property was returned.\nA police officer who seizes property under this part must ensure the information mentioned in subsection (2) is recorded as soon as practicable after seizing the property.\nThis section applies despite the Police Powers and Responsibilities Act 2000 , chapter 21 , part 2 , division 3 .\nAlso, the Police Powers and Responsibilities Act 2000 , section 622 does not apply to a thing seized under this part.\ns 41 ins 2003 No. 46 s 13\namd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )\n(sec.41-ssec.1) The commissioner must ensure a written record of property seized under this part is kept.\n(sec.41-ssec.2) The record must include the following information— a description of the property, sufficient to identify it; when and where the property was seized; if known, from whom the property was seized; if known, the name and address of the person who appears to be entitled to lawfully possess the property; what happened to the property after it was seized; if the property was destroyed—why it was destroyed; if the property was returned to a person under section 42 —the name and address of the person and when the property was returned.\n(sec.41-ssec.3) A police officer who seizes property under this part must ensure the information mentioned in subsection (2) is recorded as soon as practicable after seizing the property.\n(sec.41-ssec.4) This section applies despite the Police Powers and Responsibilities Act 2000 , chapter 21 , part 2 , division 3 .\n(sec.41-ssec.5) Also, the Police Powers and Responsibilities Act 2000 , section 622 does not apply to a thing seized under this part.\n- (a) a description of the property, sufficient to identify it;\n- (b) when and where the property was seized;\n- (c) if known, from whom the property was seized;\n- (d) if known, the name and address of the person who appears to be entitled to lawfully possess the property;\n- (e) what happened to the property after it was seized;\n- (f) if the property was destroyed—why it was destroyed;\n- (g) if the property was returned to a person under section 42 —the name and address of the person and when the property was returned.","sortOrder":127},{"sectionNumber":"sec.42","sectionType":"section","heading":"Return etc. of seized property","content":"### sec.42 Return etc. of seized property\n\nProperty seized under this part and not destroyed must be made available for return to the person lawfully entitled to possess it as soon as practicable after—\nit has been found not to have been affected by the CBR substance involved in the CBR emergency; or\nany necessary decontamination of the property is completed;\nunless, after reasonable efforts, the property can not be returned to the person.\nProperty not claimed by a person within 60 days after the CBR emergency ends is taken to have been forfeited to the State.\nProperty in the possession of the police service that is forfeited to the State may be dealt with under the Police Powers and Responsibilities Act 2000 , chapter 21 , part 3 .\ns 42 ins 2003 No. 46 s 13\namd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )\n(sec.42-ssec.1) Property seized under this part and not destroyed must be made available for return to the person lawfully entitled to possess it as soon as practicable after— it has been found not to have been affected by the CBR substance involved in the CBR emergency; or any necessary decontamination of the property is completed; unless, after reasonable efforts, the property can not be returned to the person.\n(sec.42-ssec.2) Property not claimed by a person within 60 days after the CBR emergency ends is taken to have been forfeited to the State. Property in the possession of the police service that is forfeited to the State may be dealt with under the Police Powers and Responsibilities Act 2000 , chapter 21 , part 3 .\n- (a) it has been found not to have been affected by the CBR substance involved in the CBR emergency; or\n- (b) any necessary decontamination of the property is completed;","sortOrder":128},{"sectionNumber":"sec.43","sectionType":"section","heading":"Reports","content":"### sec.43 Reports\n\nThe Minister must table in the Legislative Assembly a report about the CBR emergency within 6 months after the end of the emergency.\nThe report—\nmust include—\nthe nature of the CBR emergency, when and why the emergency was declared, and when it ended; and\nif the CBR emergency was extended, why it was extended; and\nthe CBR emergency powers relied on, why they were relied on; and\nwho authorised emergency responders to exercise the CBR emergency powers relied on, who was authorised to exercise the powers, and how they were used; and\nif any CBR emergency powers were delegated under section 7A or 19 (5) , why, and to whom, the powers were delegated; and\nmay include anything else the Minister considers appropriate.\ns 43 ins 2003 No. 46 s 13\namd 2016 No. 42 s 50\n(sec.43-ssec.1) The Minister must table in the Legislative Assembly a report about the CBR emergency within 6 months after the end of the emergency.\n(sec.43-ssec.2) The report— must include— the nature of the CBR emergency, when and why the emergency was declared, and when it ended; and if the CBR emergency was extended, why it was extended; and the CBR emergency powers relied on, why they were relied on; and who authorised emergency responders to exercise the CBR emergency powers relied on, who was authorised to exercise the powers, and how they were used; and if any CBR emergency powers were delegated under section 7A or 19 (5) , why, and to whom, the powers were delegated; and may include anything else the Minister considers appropriate.\n- (a) must include— (i) the nature of the CBR emergency, when and why the emergency was declared, and when it ended; and (ii) if the CBR emergency was extended, why it was extended; and (iii) the CBR emergency powers relied on, why they were relied on; and (iv) who authorised emergency responders to exercise the CBR emergency powers relied on, who was authorised to exercise the powers, and how they were used; and (v) if any CBR emergency powers were delegated under section 7A or 19 (5) , why, and to whom, the powers were delegated; and\n- (i) the nature of the CBR emergency, when and why the emergency was declared, and when it ended; and\n- (ii) if the CBR emergency was extended, why it was extended; and\n- (iii) the CBR emergency powers relied on, why they were relied on; and\n- (iv) who authorised emergency responders to exercise the CBR emergency powers relied on, who was authorised to exercise the powers, and how they were used; and\n- (v) if any CBR emergency powers were delegated under section 7A or 19 (5) , why, and to whom, the powers were delegated; and\n- (b) may include anything else the Minister considers appropriate.\n- (i) the nature of the CBR emergency, when and why the emergency was declared, and when it ended; and\n- (ii) if the CBR emergency was extended, why it was extended; and\n- (iii) the CBR emergency powers relied on, why they were relied on; and\n- (iv) who authorised emergency responders to exercise the CBR emergency powers relied on, who was authorised to exercise the powers, and how they were used; and\n- (v) if any CBR emergency powers were delegated under section 7A or 19 (5) , why, and to whom, the powers were delegated; and","sortOrder":129},{"sectionNumber":"pt.3A","sectionType":"part","heading":"Relationship between emergencies","content":"# Relationship between emergencies","sortOrder":130},{"sectionNumber":"sec.43A","sectionType":"section","heading":"Emergency situation","content":"### sec.43A Emergency situation\n\nAn emergency situation may be declared to exist even though a terrorist emergency or CBR emergency has been declared to exist for all or part of the same situation.\nHowever, the emergency situation has no effect for the area for which the terrorist emergency has been declared to exist or to the extent to which the CBR emergency has been declared to exist.\nIf a terrorist emergency is declared to exist for all or part of an area for which an emergency situation has been declared to exist, the emergency situation is of no effect for the area or part.\nIf a CBR emergency is declared to exist for all or part of a situation for which an emergency situation has been declared to exist, the emergency situation is of no effect to the extent the CBR emergency has been declared to exist.\nAn emergency situation is affected under subsection (2) , (3) or (4) by the existence of a terrorist or CBR emergency only while the terrorist or CBR emergency is in force.\ns 43A ins 2007 No. 34 s 15\n(sec.43A-ssec.1) An emergency situation may be declared to exist even though a terrorist emergency or CBR emergency has been declared to exist for all or part of the same situation.\n(sec.43A-ssec.2) However, the emergency situation has no effect for the area for which the terrorist emergency has been declared to exist or to the extent to which the CBR emergency has been declared to exist.\n(sec.43A-ssec.3) If a terrorist emergency is declared to exist for all or part of an area for which an emergency situation has been declared to exist, the emergency situation is of no effect for the area or part.\n(sec.43A-ssec.4) If a CBR emergency is declared to exist for all or part of a situation for which an emergency situation has been declared to exist, the emergency situation is of no effect to the extent the CBR emergency has been declared to exist.\n(sec.43A-ssec.5) An emergency situation is affected under subsection (2) , (3) or (4) by the existence of a terrorist or CBR emergency only while the terrorist or CBR emergency is in force.","sortOrder":131},{"sectionNumber":"sec.43B","sectionType":"section","heading":"Terrorist emergency","content":"### sec.43B Terrorist emergency\n\nA terrorist emergency may be declared to exist even though an emergency situation or a CBR emergency has been declared to exist for all or part of the same situation.\nThe declared area may be all, partly or not included in a declaration under part 2 .\nSubject to section 43A , the terrorist emergency and the emergency situation, or CBR emergency, operate in conjunction with each other.\ns 43B ins 2007 No. 34 s 15\n(sec.43B-ssec.1) A terrorist emergency may be declared to exist even though an emergency situation or a CBR emergency has been declared to exist for all or part of the same situation.\n(sec.43B-ssec.2) The declared area may be all, partly or not included in a declaration under part 2 .\n(sec.43B-ssec.3) Subject to section 43A , the terrorist emergency and the emergency situation, or CBR emergency, operate in conjunction with each other.","sortOrder":132},{"sectionNumber":"sec.43C","sectionType":"section","heading":"CBR emergency","content":"### sec.43C CBR emergency\n\nA CBR emergency may be declared to exist even though an emergency situation or terrorist emergency has been declared to exist for all or part of the same situation.\nSubject to section 43A , the CBR emergency and the emergency situation, or terrorist emergency, operate in conjunction with each other.\ns 43C ins 2007 No. 34 s 15\n(sec.43C-ssec.1) A CBR emergency may be declared to exist even though an emergency situation or terrorist emergency has been declared to exist for all or part of the same situation.\n(sec.43C-ssec.2) Subject to section 43A , the CBR emergency and the emergency situation, or terrorist emergency, operate in conjunction with each other.","sortOrder":133},{"sectionNumber":"sec.43D","sectionType":"section","heading":"Multiple appointments","content":"### sec.43D Multiple appointments\n\nNothing in this Act prevents a person holding or being appointed to more than 1 position as commander under this Act.\nIn this section—\ncommander means any of the following—\nemergency commander;\nterrorist emergency commander;\nterrorist emergency forward commander;\nTERC commander;\nCBRE commander.\ns 43D ins 2007 No. 34 s 15\namd 2016 No. 42 s 51\n(sec.43D-ssec.1) Nothing in this Act prevents a person holding or being appointed to more than 1 position as commander under this Act.\n(sec.43D-ssec.2) In this section— commander means any of the following— emergency commander; terrorist emergency commander; terrorist emergency forward commander; TERC commander; CBRE commander.\n- (a) emergency commander;\n- (b) terrorist emergency commander;\n- (c) terrorist emergency forward commander;\n- (d) TERC commander;\n- (e) CBRE commander.","sortOrder":134},{"sectionNumber":"pt.3B","sectionType":"part","heading":"Surveillance devices","content":"# Surveillance devices","sortOrder":135},{"sectionNumber":"sec.43E","sectionType":"section","heading":"Power to authorise use of surveillance device","content":"### sec.43E Power to authorise use of surveillance device\n\nThis section applies if a commissioned officer reasonably suspects that—\nan emergency (the relevant emergency ) involves, may involve or may lead to a serious risk to the life, health or safety of a person; and\nthe use of a surveillance device will help to reduce the risk.\nThe commissioned officer may authorise a police officer to use a surveillance device, in the emergency area and during the period of the relevant emergency, to assess and monitor the risk.\nAn authorisation given under subsection (2) is a surveillance device authorisation .\nThe Police Powers and Responsibilities Act 2000 , section 332 (1) to (5) applies to a surveillance device authorisation as if a reference in the subsections to a surveillance device warrant were a reference to a surveillance device authorisation.\nHowever, section 332 (2) and (4) of that Act applies to a surveillance device authorisation subject to any conditions of the authorisation.\nA surveillance device authorisation authorises the use of the surveillance device stated in the authorisation and any enhancement equipment for the purpose of retrieving the device and equipment.\nThis section does not stop a police officer from—\nusing an optical surveillance device in a place where the presence of the police officer is not an offence; or\nusing a listening device, in a place where the presence of the police officer is not an offence, to overhear, record, monitor or listen to a conversation, if the use is not an offence against the Invasion of Privacy Act 1971 , section 43 (1) .\nIn this section—\nemergency area means—\nif the relevant emergency is an emergency situation that has been declared to exist— the area specified for the emergency situation; or\nif the relevant emergency is a terrorist emergency—the declared area for the terrorist emergency; or\nif the relevant emergency is a CBR emergency—an area that is or may be affected by a CBR substance involved in the CBR emergency.\nlistening device see the Police Powers and Responsibilities Act 2000 , schedule 6 .\noptical surveillance device see the Police Powers and Responsibilities Act 2000 , section 322 .\ns 43E ins 2017 No. 30 s 39\n(sec.43E-ssec.1) This section applies if a commissioned officer reasonably suspects that— an emergency (the relevant emergency ) involves, may involve or may lead to a serious risk to the life, health or safety of a person; and the use of a surveillance device will help to reduce the risk.\n(sec.43E-ssec.2) The commissioned officer may authorise a police officer to use a surveillance device, in the emergency area and during the period of the relevant emergency, to assess and monitor the risk.\n(sec.43E-ssec.3) An authorisation given under subsection (2) is a surveillance device authorisation .\n(sec.43E-ssec.4) The Police Powers and Responsibilities Act 2000 , section 332 (1) to (5) applies to a surveillance device authorisation as if a reference in the subsections to a surveillance device warrant were a reference to a surveillance device authorisation.\n(sec.43E-ssec.5) However, section 332 (2) and (4) of that Act applies to a surveillance device authorisation subject to any conditions of the authorisation.\n(sec.43E-ssec.6) A surveillance device authorisation authorises the use of the surveillance device stated in the authorisation and any enhancement equipment for the purpose of retrieving the device and equipment.\n(sec.43E-ssec.7) This section does not stop a police officer from— using an optical surveillance device in a place where the presence of the police officer is not an offence; or using a listening device, in a place where the presence of the police officer is not an offence, to overhear, record, monitor or listen to a conversation, if the use is not an offence against the Invasion of Privacy Act 1971 , section 43 (1) .\n(sec.43E-ssec.8) In this section— emergency area means— if the relevant emergency is an emergency situation that has been declared to exist— the area specified for the emergency situation; or if the relevant emergency is a terrorist emergency—the declared area for the terrorist emergency; or if the relevant emergency is a CBR emergency—an area that is or may be affected by a CBR substance involved in the CBR emergency. listening device see the Police Powers and Responsibilities Act 2000 , schedule 6 . optical surveillance device see the Police Powers and Responsibilities Act 2000 , section 322 .\n- (a) an emergency (the relevant emergency ) involves, may involve or may lead to a serious risk to the life, health or safety of a person; and\n- (b) the use of a surveillance device will help to reduce the risk.\n- (a) using an optical surveillance device in a place where the presence of the police officer is not an offence; or\n- (b) using a listening device, in a place where the presence of the police officer is not an offence, to overhear, record, monitor or listen to a conversation, if the use is not an offence against the Invasion of Privacy Act 1971 , section 43 (1) .\n- (a) if the relevant emergency is an emergency situation that has been declared to exist— the area specified for the emergency situation; or\n- (b) if the relevant emergency is a terrorist emergency—the declared area for the terrorist emergency; or\n- (c) if the relevant emergency is a CBR emergency—an area that is or may be affected by a CBR substance involved in the CBR emergency.","sortOrder":136},{"sectionNumber":"sec.43F","sectionType":"section","heading":"Surveillance device authorisation authorises use of existing device","content":"### sec.43F Surveillance device authorisation authorises use of existing device\n\nThis section applies to a surveillance device authorisation that authorises the use of a surveillance device on premises, or in or on a vehicle, object or class of vehicle or object.\nThe surveillance device authorisation also authorises the use of a device (an existing device ) that is on the premises, or in or on the vehicle or object, or a vehicle or object of the class, as a surveillance device.\na security camera\nThis section applies—\nwhether or not it is necessary to do anything to or in relation to the existing device to enable it to be used as a surveillance device; and\nsubject to any conditions of the surveillance device authorisation.\ns 43F ins 2017 No. 30 s 39\n(sec.43F-ssec.1) This section applies to a surveillance device authorisation that authorises the use of a surveillance device on premises, or in or on a vehicle, object or class of vehicle or object.\n(sec.43F-ssec.2) The surveillance device authorisation also authorises the use of a device (an existing device ) that is on the premises, or in or on the vehicle or object, or a vehicle or object of the class, as a surveillance device. a security camera\n(sec.43F-ssec.3) This section applies— whether or not it is necessary to do anything to or in relation to the existing device to enable it to be used as a surveillance device; and subject to any conditions of the surveillance device authorisation.\n- (a) whether or not it is necessary to do anything to or in relation to the existing device to enable it to be used as a surveillance device; and\n- (b) subject to any conditions of the surveillance device authorisation.","sortOrder":137},{"sectionNumber":"sec.43G","sectionType":"section","heading":"When surveillance device authorisation ends","content":"### sec.43G When surveillance device authorisation ends\n\nA surveillance device authorisation for a relevant emergency ends—\nif a commissioned officer revokes the authorisation—when it is revoked; or\nif paragraph (a) does not apply and more than 1 emergency was declared to exist in relation to the situation to which the relevant emergency relates—when the last declaration ends; or\nif paragraphs (a) and (b) do not apply—when the declaration for the relevant emergency ends.\nIf a surveillance device authorisation ends under subsection (1) , the authorisation stops having effect other than to the extent it authorises—\nthe retrieval of the surveillance device and any enhancement equipment; and\nthe use of the surveillance device and any enhancement equipment for the purpose of retrieving the device and equipment.\nHowever, after a surveillance device authorisation ends—\ncovert entry to a building in order to retrieve a surveillance device or any enhancement equipment is not authorised; and\nFor retrieval warrants for surveillance devices and enhancement equipment lawfully installed under a surveillance device authorisation, see the Police Powers and Responsibilities Act 2000 , chapter 13 , part 2 , division 3 .\na police officer may exercise a power mentioned in subsection (2) only if a commissioned officer approves the exercise.\nThis section does not stop a police officer from retrieving a surveillance device and any enhancement equipment from premises if the presence of the police officer on the premises is not an offence.\ns 43G ins 2017 No. 30 s 39\n(sec.43G-ssec.1) A surveillance device authorisation for a relevant emergency ends— if a commissioned officer revokes the authorisation—when it is revoked; or if paragraph (a) does not apply and more than 1 emergency was declared to exist in relation to the situation to which the relevant emergency relates—when the last declaration ends; or if paragraphs (a) and (b) do not apply—when the declaration for the relevant emergency ends.\n(sec.43G-ssec.2) If a surveillance device authorisation ends under subsection (1) , the authorisation stops having effect other than to the extent it authorises— the retrieval of the surveillance device and any enhancement equipment; and the use of the surveillance device and any enhancement equipment for the purpose of retrieving the device and equipment.\n(sec.43G-ssec.3) However, after a surveillance device authorisation ends— covert entry to a building in order to retrieve a surveillance device or any enhancement equipment is not authorised; and For retrieval warrants for surveillance devices and enhancement equipment lawfully installed under a surveillance device authorisation, see the Police Powers and Responsibilities Act 2000 , chapter 13 , part 2 , division 3 . a police officer may exercise a power mentioned in subsection (2) only if a commissioned officer approves the exercise.\n(sec.43G-ssec.4) This section does not stop a police officer from retrieving a surveillance device and any enhancement equipment from premises if the presence of the police officer on the premises is not an offence.\n- (a) if a commissioned officer revokes the authorisation—when it is revoked; or\n- (b) if paragraph (a) does not apply and more than 1 emergency was declared to exist in relation to the situation to which the relevant emergency relates—when the last declaration ends; or\n- (c) if paragraphs (a) and (b) do not apply—when the declaration for the relevant emergency ends.\n- (a) the retrieval of the surveillance device and any enhancement equipment; and\n- (b) the use of the surveillance device and any enhancement equipment for the purpose of retrieving the device and equipment.\n- (a) covert entry to a building in order to retrieve a surveillance device or any enhancement equipment is not authorised; and Note— For retrieval warrants for surveillance devices and enhancement equipment lawfully installed under a surveillance device authorisation, see the Police Powers and Responsibilities Act 2000 , chapter 13 , part 2 , division 3 .\n- (b) a police officer may exercise a power mentioned in subsection (2) only if a commissioned officer approves the exercise.","sortOrder":138},{"sectionNumber":"sec.43H","sectionType":"section","heading":"When surveillance device authorisation must be revoked","content":"### sec.43H When surveillance device authorisation must be revoked\n\nA commissioned officer must revoke a surveillance device authorisation if the officer is satisfied that the use of a surveillance device is no longer needed to help reduce the risk mentioned in section 43E (1) (a) .\ns 43H ins 2017 No. 30 s 39","sortOrder":139},{"sectionNumber":"sec.43I","sectionType":"section","heading":"Report about surveillance device authorisations","content":"### sec.43I Report about surveillance device authorisations\n\nAs soon as practicable after the end of each financial year, but no later than 30 September, the commissioner must give the Minister a report stating the number of surveillance device authorisations given during the financial year.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after the Minister receives the report.\ns 43I ins 2017 No. 30 s 39\namd 2024 No. 45 s 134 sch 1\n(sec.43I-ssec.1) As soon as practicable after the end of each financial year, but no later than 30 September, the commissioner must give the Minister a report stating the number of surveillance device authorisations given during the financial year.\n(sec.43I-ssec.2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after the Minister receives the report.","sortOrder":140},{"sectionNumber":"sec.43J","sectionType":"section","heading":"Register of surveillance device authorisations","content":"### sec.43J Register of surveillance device authorisations\n\nThe commissioner must keep a register of surveillance device authorisations.\nThe register must record the following information for each surveillance device authorisation—\nthe date and time the authorisation was given;\nthe name of the commissioned officer who gave the authorisation;\nthe grounds on which the authorisation was given.\ns 43J ins 2017 No. 30 s 39\n(sec.43J-ssec.1) The commissioner must keep a register of surveillance device authorisations.\n(sec.43J-ssec.2) The register must record the following information for each surveillance device authorisation— the date and time the authorisation was given; the name of the commissioned officer who gave the authorisation; the grounds on which the authorisation was given.\n- (a) the date and time the authorisation was given;\n- (b) the name of the commissioned officer who gave the authorisation;\n- (c) the grounds on which the authorisation was given.","sortOrder":141},{"sectionNumber":"pt.4","sectionType":"part","heading":"General provisions","content":"# General provisions","sortOrder":142},{"sectionNumber":"sec.44","sectionType":"section","heading":"Protection of employment rights","content":"### sec.44 Protection of employment rights\n\nA person must not dismiss from employment an employee who is or was absent from the employee’s employment because of a relevant direction.\nMaximum penalty—40 penalty units or 1 year’s imprisonment.\nThis Act shall not be construed to prejudice any right of action by any person in respect of wrongful dismissal.\nFor the purpose of calculating the entitlement of any employee to long service leave, sick leave, recreation leave or other benefits to which the employee is entitled, the continuity of service of the employee is taken not to have been broken only by the employee’s absence from the employment because of a relevant direction or the exercise by an emergency responder of powers under part 3 .\nAn employee who is absent from the employee’s employment because of a relevant direction is entitled to be paid by the person’s employer wages payable for the period of the employee’s absence during normal working hours.\nSubsections (1) to (4) apply whether or not the employer in question has consented to the absence of the employee in the circumstances set out therein.\nIn this section—\nrelevant direction means either of the following, whether given under part 2 , 2A or 3 —\na resource operator direction;\na help direction.\ns 44 (prev s 9) amd 2003 No. 46 s 9\nrenum and reloc 2003 No. 46 s 12\namd 2016 No. 42 s 52\n(sec.44-ssec.1) A person must not dismiss from employment an employee who is or was absent from the employee’s employment because of a relevant direction. Maximum penalty—40 penalty units or 1 year’s imprisonment.\n(sec.44-ssec.2) This Act shall not be construed to prejudice any right of action by any person in respect of wrongful dismissal.\n(sec.44-ssec.3) For the purpose of calculating the entitlement of any employee to long service leave, sick leave, recreation leave or other benefits to which the employee is entitled, the continuity of service of the employee is taken not to have been broken only by the employee’s absence from the employment because of a relevant direction or the exercise by an emergency responder of powers under part 3 .\n(sec.44-ssec.4) An employee who is absent from the employee’s employment because of a relevant direction is entitled to be paid by the person’s employer wages payable for the period of the employee’s absence during normal working hours.\n(sec.44-ssec.5) Subsections (1) to (4) apply whether or not the employer in question has consented to the absence of the employee in the circumstances set out therein.\n(sec.44-ssec.6) In this section— relevant direction means either of the following, whether given under part 2 , 2A or 3 — a resource operator direction; a help direction.\n- (a) a resource operator direction;\n- (b) a help direction.","sortOrder":143},{"sectionNumber":"sec.45","sectionType":"section","heading":"Compensation for personal injury","content":"### sec.45 Compensation for personal injury\n\nAny person, other than a police officer, who is acting under a resource operator direction or a help direction is taken, for the Workers’ Compensation and Rehabilitation Act 2003 , to be employed by the Commissioner of the Police Service.\ns 45 (prev s 10) amd 1996 No. 75 s 535 sch 2 ; 2003 No. 27 s 622 sch 5 ; 2003 No. 46 s 10\nrenum and reloc 2003 No. 46 s 12","sortOrder":144},{"sectionNumber":"sec.46","sectionType":"section","heading":"Compensation for use of, damage to or destruction of property","content":"### sec.46 Compensation for use of, damage to or destruction of property\n\nThis section applies to a person ( claimant )—\nwhose property—\nis surrendered under a resource surrender direction given under part 2 , 2A or 3 ; or\nis damaged or destroyed through the use of powers under this Act in an emergency situation or a CBR emergency; and\nwho claims to have suffered financial loss because of the use, damage or destruction of the property.\nThe claimant, or another person authorised by the claimant for the purpose, may apply in writing to the Minister for compensation for the financial loss.\nThe claimant must make the application and give the Minister details of the financial loss within—\nfor a claim relating to an emergency situation—28 days after the day the declaration of the emergency situation is revoked; or\nfor a claim relating to a terrorist emergency—28 days after the day the terrorist emergency ends; or\nfor a claim relating to a CBR emergency—3 months after the day the CBR emergency ends.\nThe Governor in Council may either approve an ex gratia payment to the claimant of such amount as the Governor in Council considers appropriate, or may reject the application for compensation.\nCompensation payable under this section shall be paid from the consolidated fund (which is hereby to the necessary extent appropriated accordingly).\ns 46 (prev s 11) amd 1995 No. 58 s 4 sch 1 ; 2003 No. 46 s 11\nrenum and reloc 2003 No. 46 s 12\namd 2007 No. 34 s 7 sch ; 2016 No. 42 s 53\n(sec.46-ssec.1) This section applies to a person ( claimant )— whose property— is surrendered under a resource surrender direction given under part 2 , 2A or 3 ; or is damaged or destroyed through the use of powers under this Act in an emergency situation or a CBR emergency; and who claims to have suffered financial loss because of the use, damage or destruction of the property.\n(sec.46-ssec.2) The claimant, or another person authorised by the claimant for the purpose, may apply in writing to the Minister for compensation for the financial loss.\n(sec.46-ssec.3) The claimant must make the application and give the Minister details of the financial loss within— for a claim relating to an emergency situation—28 days after the day the declaration of the emergency situation is revoked; or for a claim relating to a terrorist emergency—28 days after the day the terrorist emergency ends; or for a claim relating to a CBR emergency—3 months after the day the CBR emergency ends.\n(sec.46-ssec.4) The Governor in Council may either approve an ex gratia payment to the claimant of such amount as the Governor in Council considers appropriate, or may reject the application for compensation.\n(sec.46-ssec.5) Compensation payable under this section shall be paid from the consolidated fund (which is hereby to the necessary extent appropriated accordingly).\n- (a) whose property— (i) is surrendered under a resource surrender direction given under part 2 , 2A or 3 ; or (ii) is damaged or destroyed through the use of powers under this Act in an emergency situation or a CBR emergency; and\n- (i) is surrendered under a resource surrender direction given under part 2 , 2A or 3 ; or\n- (ii) is damaged or destroyed through the use of powers under this Act in an emergency situation or a CBR emergency; and\n- (b) who claims to have suffered financial loss because of the use, damage or destruction of the property.\n- (i) is surrendered under a resource surrender direction given under part 2 , 2A or 3 ; or\n- (ii) is damaged or destroyed through the use of powers under this Act in an emergency situation or a CBR emergency; and\n- (a) for a claim relating to an emergency situation—28 days after the day the declaration of the emergency situation is revoked; or\n- (b) for a claim relating to a terrorist emergency—28 days after the day the terrorist emergency ends; or\n- (c) for a claim relating to a CBR emergency—3 months after the day the CBR emergency ends.","sortOrder":145},{"sectionNumber":"sec.47","sectionType":"section","heading":"Protection from liability","content":"### sec.47 Protection from liability\n\nLiability at law does not attach to the State, a Minister or an official because of anything done or omitted to be done under this Act in good faith and without negligence.\nIn this section—\nofficial means—\nan ambulance controller; or\nthe CBRE commander; or\nthe chief veterinary officer; or\nan emergency responder; or\na fire controller; or\nthe emergency commander; or\na medical controller; or\na person acting under a help direction or a resource operator direction; or\na terrorist emergency commander; or\na terrorist emergency forward commander; or\na TERC commander; or\nthe commissioner to the extent the commissioner exercises the powers of a person mentioned in paragraph (i) , (j) or (k) ; or\nthe deputy commissioner to the extent the deputy commissioner exercises the powers of a person mentioned in paragraph (i) , (j) or (k) ; or\na police officer acting on the instructions of a person mentioned in paragraph (f) , (i) , (j) , (k) , (l) or (m) ; or\na police officer mentioned in section 8AF (3) , definition relevant matters , paragraph (h) or 8AN (3) , definition relevant matters , paragraph (j) .\ns 47 (prev s 17) amd 1995 No. 58 s 4 sch 1 ; 2003 No. 46 s 15\nrenum 2003 No. 46 s 17\namd 2007 No. 34 s 7 sch ; 2016 No. 42 s 54\n(sec.47-ssec.1) Liability at law does not attach to the State, a Minister or an official because of anything done or omitted to be done under this Act in good faith and without negligence.\n(sec.47-ssec.2) In this section— official means— an ambulance controller; or the CBRE commander; or the chief veterinary officer; or an emergency responder; or a fire controller; or the emergency commander; or a medical controller; or a person acting under a help direction or a resource operator direction; or a terrorist emergency commander; or a terrorist emergency forward commander; or a TERC commander; or the commissioner to the extent the commissioner exercises the powers of a person mentioned in paragraph (i) , (j) or (k) ; or the deputy commissioner to the extent the deputy commissioner exercises the powers of a person mentioned in paragraph (i) , (j) or (k) ; or a police officer acting on the instructions of a person mentioned in paragraph (f) , (i) , (j) , (k) , (l) or (m) ; or a police officer mentioned in section 8AF (3) , definition relevant matters , paragraph (h) or 8AN (3) , definition relevant matters , paragraph (j) .\n- (a) an ambulance controller; or\n- (b) the CBRE commander; or\n- (c) the chief veterinary officer; or\n- (d) an emergency responder; or\n- (e) a fire controller; or\n- (f) the emergency commander; or\n- (g) a medical controller; or\n- (h) a person acting under a help direction or a resource operator direction; or\n- (i) a terrorist emergency commander; or\n- (j) a terrorist emergency forward commander; or\n- (k) a TERC commander; or\n- (l) the commissioner to the extent the commissioner exercises the powers of a person mentioned in paragraph (i) , (j) or (k) ; or\n- (m) the deputy commissioner to the extent the deputy commissioner exercises the powers of a person mentioned in paragraph (i) , (j) or (k) ; or\n- (n) a police officer acting on the instructions of a person mentioned in paragraph (f) , (i) , (j) , (k) , (l) or (m) ; or\n- (o) a police officer mentioned in section 8AF (3) , definition relevant matters , paragraph (h) or 8AN (3) , definition relevant matters , paragraph (j) .","sortOrder":146},{"sectionNumber":"sec.47A","sectionType":"section","heading":"Proceedings for offences","content":"### sec.47A Proceedings for offences\n\nAn offence against this Act, other than against section 8AG (6) , 8AH (3) , 8AI (3) or 8AJ (4) , is a summary offence.\nAn offence against section 8AG (6) , 8AH (3) , 8AI (3) or 8AJ (4) is a crime.\nDespite the Justices Act 1886 , section 52 (1) , a proceeding for an offence against section 8AG (1) , 8AH (1) , 8AI (1) or 8AJ (1) may be started within 2 years after the matter of complaint arose if—\nin relation to the matter of complaint—\nfor a proceeding for an offence against section 8AG (1) —a proceeding was previously started for an offence against section 8AG (6) ; or\nfor a proceeding for an offence against section 8AH (1) —a proceeding was previously started for an offence against section 8AH (3) ; or\nfor a proceeding for an offence against section 8AI (1) —a proceeding was previously started for an offence against section 8AI (3) ; or\nfor a proceeding for an offence against section 8AJ (1) —a proceeding was previously started for an offence against section 8AJ (4) ; and\nthe proceeding has been discontinued, or is to be discontinued, by the Attorney-General or the director of public prosecutions.\ns 47A ins 2016 No. 42 s 55\n(sec.47A-ssec.1) An offence against this Act, other than against section 8AG (6) , 8AH (3) , 8AI (3) or 8AJ (4) , is a summary offence. An offence against section 8AG (6) , 8AH (3) , 8AI (3) or 8AJ (4) is a crime.\n(sec.47A-ssec.2) Despite the Justices Act 1886 , section 52 (1) , a proceeding for an offence against section 8AG (1) , 8AH (1) , 8AI (1) or 8AJ (1) may be started within 2 years after the matter of complaint arose if— in relation to the matter of complaint— for a proceeding for an offence against section 8AG (1) —a proceeding was previously started for an offence against section 8AG (6) ; or for a proceeding for an offence against section 8AH (1) —a proceeding was previously started for an offence against section 8AH (3) ; or for a proceeding for an offence against section 8AI (1) —a proceeding was previously started for an offence against section 8AI (3) ; or for a proceeding for an offence against section 8AJ (1) —a proceeding was previously started for an offence against section 8AJ (4) ; and the proceeding has been discontinued, or is to be discontinued, by the Attorney-General or the director of public prosecutions.\n- (a) in relation to the matter of complaint— (i) for a proceeding for an offence against section 8AG (1) —a proceeding was previously started for an offence against section 8AG (6) ; or (ii) for a proceeding for an offence against section 8AH (1) —a proceeding was previously started for an offence against section 8AH (3) ; or (iii) for a proceeding for an offence against section 8AI (1) —a proceeding was previously started for an offence against section 8AI (3) ; or (iv) for a proceeding for an offence against section 8AJ (1) —a proceeding was previously started for an offence against section 8AJ (4) ; and\n- (i) for a proceeding for an offence against section 8AG (1) —a proceeding was previously started for an offence against section 8AG (6) ; or\n- (ii) for a proceeding for an offence against section 8AH (1) —a proceeding was previously started for an offence against section 8AH (3) ; or\n- (iii) for a proceeding for an offence against section 8AI (1) —a proceeding was previously started for an offence against section 8AI (3) ; or\n- (iv) for a proceeding for an offence against section 8AJ (1) —a proceeding was previously started for an offence against section 8AJ (4) ; and\n- (b) the proceeding has been discontinued, or is to be discontinued, by the Attorney-General or the director of public prosecutions.\n- (i) for a proceeding for an offence against section 8AG (1) —a proceeding was previously started for an offence against section 8AG (6) ; or\n- (ii) for a proceeding for an offence against section 8AH (1) —a proceeding was previously started for an offence against section 8AH (3) ; or\n- (iii) for a proceeding for an offence against section 8AI (1) —a proceeding was previously started for an offence against section 8AI (3) ; or\n- (iv) for a proceeding for an offence against section 8AJ (1) —a proceeding was previously started for an offence against section 8AJ (4) ; and","sortOrder":147},{"sectionNumber":"sec.47B","sectionType":"section","heading":"Use of information obtained under Act","content":"### sec.47B Use of information obtained under Act\n\nAny information obtained under this Act, including, for example, information obtained under an information requirement under part 2 , division 3 may be recorded, retained or used for the purpose of performing any function of the police service.\nSubsection (1) applies despite any provision of an Act that restricts the recording, retention or use of the information, unless the Act expressly overrides this section.\nFor the functions of the police service, see the Police Service Administration Act 1990 , section 2.3 .\nFor the restrictions on the disclosure of information by State police officers and other persons, see the Police Service Administration Act 1990 , section 10.1 .\ns 47B ins 2016 No. 42 s 55\n(sec.47B-ssec.1) Any information obtained under this Act, including, for example, information obtained under an information requirement under part 2 , division 3 may be recorded, retained or used for the purpose of performing any function of the police service.\n(sec.47B-ssec.2) Subsection (1) applies despite any provision of an Act that restricts the recording, retention or use of the information, unless the Act expressly overrides this section. For the functions of the police service, see the Police Service Administration Act 1990 , section 2.3 . For the restrictions on the disclosure of information by State police officers and other persons, see the Police Service Administration Act 1990 , section 10.1 .\n- 1 For the functions of the police service, see the Police Service Administration Act 1990 , section 2.3 .\n- 2 For the restrictions on the disclosure of information by State police officers and other persons, see the Police Service Administration Act 1990 , section 10.1 .","sortOrder":148},{"sectionNumber":"sec.47C","sectionType":"section","heading":"Use of particular evidence in proceedings","content":"### sec.47C Use of particular evidence in proceedings\n\nThis section applies if—\na person complied with a requirement under section 8AZE or 8PAB to provide access information for a digital device; and\nparticular device information from the digital device (the prescribed information ) was accessible, or could be read, only by using the access information; and\na criminal proceeding is started in relation to the person; and\nthe criminal proceeding does not relate to—\nan emergency situation that, under section 5 , was declared to exist; or\na terrorist emergency.\nThe prescribed information is not admissible in evidence against the person in the criminal proceeding, unless the proceeding relates to—\nan indictable offence for which the maximum penalty is at least 7 years imprisonment; or\nan offence against the Criminal Code , section 218B .\nThis section applies despite section 47B .\ns 47C ins 2017 No. 30 s 40\namd 2020 No. 7 s 74\n(sec.47C-ssec.1) This section applies if— a person complied with a requirement under section 8AZE or 8PAB to provide access information for a digital device; and particular device information from the digital device (the prescribed information ) was accessible, or could be read, only by using the access information; and a criminal proceeding is started in relation to the person; and the criminal proceeding does not relate to— an emergency situation that, under section 5 , was declared to exist; or a terrorist emergency.\n(sec.47C-ssec.2) The prescribed information is not admissible in evidence against the person in the criminal proceeding, unless the proceeding relates to— an indictable offence for which the maximum penalty is at least 7 years imprisonment; or an offence against the Criminal Code , section 218B .\n(sec.47C-ssec.3) This section applies despite section 47B .\n- (a) a person complied with a requirement under section 8AZE or 8PAB to provide access information for a digital device; and\n- (b) particular device information from the digital device (the prescribed information ) was accessible, or could be read, only by using the access information; and\n- (c) a criminal proceeding is started in relation to the person; and\n- (d) the criminal proceeding does not relate to— (i) an emergency situation that, under section 5 , was declared to exist; or (ii) a terrorist emergency.\n- (i) an emergency situation that, under section 5 , was declared to exist; or\n- (ii) a terrorist emergency.\n- (i) an emergency situation that, under section 5 , was declared to exist; or\n- (ii) a terrorist emergency.\n- (a) an indictable offence for which the maximum penalty is at least 7 years imprisonment; or\n- (b) an offence against the Criminal Code , section 218B .","sortOrder":149},{"sectionNumber":"sec.48","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.48 Evidentiary provisions\n\nIn a proceeding for the purpose of this Act—\nit shall not be necessary to prove the appointment of the emergency commander, the terrorist emergency commander, the terrorist emergency forward commander, the TERC commander, the CBRE commander, a police officer or anyone else authorised under part 3 to do any act or take any proceeding;\na signature purporting to be that of a person mentioned in paragraph (a) is taken to be the signature it purports to be until the contrary is proved;\na document purporting to be a copy of a certificate declaring an emergency situation pursuant to section 5 shall, upon its production in that proceeding be evidence and in the absence of evidence to the contrary, conclusive evidence of that certificate and of the matters contained therein;\na document purporting to be a copy of a terrorist emergency certificate signed by a terrorist emergency forward commander under section 8G (4) is, on being produced in the proceeding, evidence of that certificate and of the matters stated in the certificate;\na document purporting to be a copy of a terrorist emergency evacuation certificate signed by a TERC commander under section 8GA (4) is, on being produced in the proceeding, evidence of that certificate and of the matters stated in the certificate;\na certificate signed by the CBRE commander and stating any of the following is evidence of what it states—\non a stated day and at a stated time the CBRE commander declared a CBR emergency;\non a stated day and at a stated time the period of the CBR emergency was extended beyond the first 24 hours of the emergency;\non a stated day and at a stated time the CBRE commander delegated a stated power to a stated person;\non a stated day and at a stated time the CBRE commander authorised a stated emergency responder or a stated class of emergency responder to exercise a stated power under part 3 ;\non a stated day and at a stated time a stated police officer seized stated property from a stated person or a stated place;\na certificate signed by any of the following and stating a stated person was authorised to exercise a stated power and when the person was authorised to exercise the power is evidence of what it states—\nan ambulance controller;\na fire controller;\na medical controller;\nthe chief veterinary officer;\na certificate signed by a medical controller and stating a stated biological or radiological substance was involved in a stated CBR emergency is evidence of what it states;\na certificate signed by a fire controller and stating a stated chemical substance was involved in a stated CBR emergency is evidence of what it states;\nthe authority of an emergency responder to exercise a power under part 3 must be presumed, unless the contrary is proved.\ns 48 (prev s 18) amd 1995 No. 58 s 4 sch 1 ; 2003 No. 46 s 16\nrenum 2003 No. 46 s 17\namd 2007 No. 34 s 7 sch ; 2016 No. 42 s 56\n- (a) it shall not be necessary to prove the appointment of the emergency commander, the terrorist emergency commander, the terrorist emergency forward commander, the TERC commander, the CBRE commander, a police officer or anyone else authorised under part 3 to do any act or take any proceeding;\n- (b) a signature purporting to be that of a person mentioned in paragraph (a) is taken to be the signature it purports to be until the contrary is proved;\n- (c) a document purporting to be a copy of a certificate declaring an emergency situation pursuant to section 5 shall, upon its production in that proceeding be evidence and in the absence of evidence to the contrary, conclusive evidence of that certificate and of the matters contained therein;\n- (d) a document purporting to be a copy of a terrorist emergency certificate signed by a terrorist emergency forward commander under section 8G (4) is, on being produced in the proceeding, evidence of that certificate and of the matters stated in the certificate;\n- (e) a document purporting to be a copy of a terrorist emergency evacuation certificate signed by a TERC commander under section 8GA (4) is, on being produced in the proceeding, evidence of that certificate and of the matters stated in the certificate;\n- (f) a certificate signed by the CBRE commander and stating any of the following is evidence of what it states— (i) on a stated day and at a stated time the CBRE commander declared a CBR emergency; (ii) on a stated day and at a stated time the period of the CBR emergency was extended beyond the first 24 hours of the emergency; (iii) on a stated day and at a stated time the CBRE commander delegated a stated power to a stated person; (iv) on a stated day and at a stated time the CBRE commander authorised a stated emergency responder or a stated class of emergency responder to exercise a stated power under part 3 ; (v) on a stated day and at a stated time a stated police officer seized stated property from a stated person or a stated place;\n- (i) on a stated day and at a stated time the CBRE commander declared a CBR emergency;\n- (ii) on a stated day and at a stated time the period of the CBR emergency was extended beyond the first 24 hours of the emergency;\n- (iii) on a stated day and at a stated time the CBRE commander delegated a stated power to a stated person;\n- (iv) on a stated day and at a stated time the CBRE commander authorised a stated emergency responder or a stated class of emergency responder to exercise a stated power under part 3 ;\n- (v) on a stated day and at a stated time a stated police officer seized stated property from a stated person or a stated place;\n- (g) a certificate signed by any of the following and stating a stated person was authorised to exercise a stated power and when the person was authorised to exercise the power is evidence of what it states— (i) an ambulance controller; (ii) a fire controller; (iii) a medical controller; (iv) the chief veterinary officer;\n- (i) an ambulance controller;\n- (ii) a fire controller;\n- (iii) a medical controller;\n- (iv) the chief veterinary officer;\n- (h) a certificate signed by a medical controller and stating a stated biological or radiological substance was involved in a stated CBR emergency is evidence of what it states;\n- (i) a certificate signed by a fire controller and stating a stated chemical substance was involved in a stated CBR emergency is evidence of what it states;\n- (j) the authority of an emergency responder to exercise a power under part 3 must be presumed, unless the contrary is proved.\n- (i) on a stated day and at a stated time the CBRE commander declared a CBR emergency;\n- (ii) on a stated day and at a stated time the period of the CBR emergency was extended beyond the first 24 hours of the emergency;\n- (iii) on a stated day and at a stated time the CBRE commander delegated a stated power to a stated person;\n- (iv) on a stated day and at a stated time the CBRE commander authorised a stated emergency responder or a stated class of emergency responder to exercise a stated power under part 3 ;\n- (v) on a stated day and at a stated time a stated police officer seized stated property from a stated person or a stated place;\n- (i) an ambulance controller;\n- (ii) a fire controller;\n- (iii) a medical controller;\n- (iv) the chief veterinary officer;","sortOrder":150},{"sectionNumber":"sec.49","sectionType":"section","heading":"Application of Police Powers and Responsibilities Act 2000 to a direction given by a police officer under this Act","content":"### sec.49 Application of Police Powers and Responsibilities Act 2000 to a direction given by a police officer under this Act\n\nThe Police Powers and Responsibilities Act 2000 applies as if a direction given by a police officer under this Act were a direction given under that Act.\ns 49 ins 2007 No. 34 s 16","sortOrder":151},{"sectionNumber":"sec.50","sectionType":"section","heading":"Powers unaffected by failure to comply with formal provision","content":"### sec.50 Powers unaffected by failure to comply with formal provision\n\nA failure to comply with any of the following provisions in relation to an emergency has no effect on the exercise of powers in relation to the emergency—\nfor an emergency situation declared to exist under section 5 — section 5 (3) , 8AAA (2) or (4) , 8AE (4) (b) , 8AT or 8AW (2) ;\nfor a terrorist emergency— section 8AAA (2) or (4) , 8AE (4) (b) , 8G (4) or (6) to (8) , 8GA (4) or 8J ;\nfor a CBR emergency— section 12 (5) .\ns 50 ins 2007 No. 34 s 16\namd 2016 No. 42 s 57 ; 2017 No. 30 s 41\n- (a) for an emergency situation declared to exist under section 5 — section 5 (3) , 8AAA (2) or (4) , 8AE (4) (b) , 8AT or 8AW (2) ;\n- (b) for a terrorist emergency— section 8AAA (2) or (4) , 8AE (4) (b) , 8G (4) or (6) to (8) , 8GA (4) or 8J ;\n- (c) for a CBR emergency— section 12 (5) .","sortOrder":152},{"sectionNumber":"pt.5","sectionType":"part","heading":"Transitional provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2020","content":"# Transitional provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2020","sortOrder":153},{"sectionNumber":"sec.51","sectionType":"section","heading":"Definitions for part","content":"### sec.51 Definitions for part\n\nIn this part—\namending Act means the Police Powers and Responsibilities and Other Legislation Amendment Act 2020 .\nformer , in relation to a provision, means as in force from time to time before the provision was amended by part 8 of the amending Act.\ns 51 ins 2020 No. 7 s 75","sortOrder":154},{"sectionNumber":"sec.52","sectionType":"section","heading":"Saving of former provisions","content":"### sec.52 Saving of former provisions\n\nFormer sections 8AZE and 8AZF continue to apply, despite the commencement of part 8 of the amending Act, in relation to a requirement imposed under former section 8AZE(2) before the commencement.\nFormer sections 8PAB and 8PAC continue to apply, despite the commencement of part 8 of the amending Act, in relation to a requirement imposed under former section 8PAB(2) before the commencement.\ns 52 ins 2020 No. 7 s 75\n(sec.52-ssec.1) Former sections 8AZE and 8AZF continue to apply, despite the commencement of part 8 of the amending Act, in relation to a requirement imposed under former section 8AZE(2) before the commencement.\n(sec.52-ssec.2) Former sections 8PAB and 8PAC continue to apply, despite the commencement of part 8 of the amending Act, in relation to a requirement imposed under former section 8PAB(2) before the commencement.","sortOrder":155},{"sectionNumber":"sec.53","sectionType":"section","heading":"Declaratory provision about effect of amending Act","content":"### sec.53 Declaratory provision about effect of amending Act\n\nThis section applies for deciding, after the commencement, a matter to which a provision of former part 2 or 2A applies.\nThe amendment of the former provision by the amending Act is to be disregarded.\ns 53 ins 2020 No. 7 s 75\n(sec.53-ssec.1) This section applies for deciding, after the commencement, a matter to which a provision of former part 2 or 2A applies.\n(sec.53-ssec.2) The amendment of the former provision by the amending Act is to be disregarded.","sortOrder":156}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.7(1) and sec.7(2)","severity":"high","reasoning":"Subsection (1) restricts the section's operation to periods when the emergency commander is NOT acting as such. Subsection (2) then grants the emergency commander the power to delegate. If the commander is not acting as commander, they lack the authority to exercise commander powers including delegation. The provision effectively grants a power that can only be exercised by someone who has temporarily ceased to hold the role that confers the power.","confidence":0.82,"description":"The delegation provision only applies 'for any period for which the emergency commander is not acting as the emergency commander', yet subsection (2) states the emergency commander 'may delegate' their functions. An emergency commander who is not acting as emergency commander cannot logically exercise the power to delegate, as that power itself belongs to the emergency commander role they are not currently performing."},{"type":"impossible_compliance","section":"sec.8AM(4) and sec.8AM(2)","severity":"high","reasoning":"The Act explicitly acknowledges in the example at s8AM(4) that a person may be required to give information 'immediately' while simultaneously being entitled to request a disclosure notice to seek legal advice. The example confirms the legal advice right does not delay compliance. A person cannot meaningfully exercise a right to seek legal advice if they must already comply before the lawyer can be notified, let alone consulted. The right is structurally hollow.","confidence":0.88,"description":"The Act requires a relevant officer to give a disclosure notice to allow someone to seek legal advice (s8AL(3)), but simultaneously states that giving a disclosure notice does not affect the time by which the person must comply with the information requirement, including an immediate compliance requirement under s8AE(5)(a)(i). This creates an impossible situation where a person must simultaneously comply immediately AND has a right to seek legal advice before doing so - the right to legal advice is rendered practically illusory."},{"type":"circular_definition","section":"sec.8AG(5) and sec.8AG(1)","severity":"medium","reasoning":"The override clause is self-referential: this Act overrides other Acts unless those Acts override this Act. There is no mechanism, list, or principle to determine which Acts do or do not expressly override this section. Every other confidentiality regime in Queensland law is potentially affected and practitioners must search the entire legislative corpus to determine compliance obligations during a fast-moving emergency.","confidence":0.75,"description":"Section 8AG(5) states the obligation to comply applies 'despite any requirement to maintain confidentiality or other restriction on giving the information, whether imposed under an Act or a rule of law, unless the Act expressly overrides this section.' This creates a circular and potentially limitless override of other legislation, including confidentiality protections in medical, legal and other professional contexts, without specifying which Acts could override it, requiring examination of every other Act in the Queensland statute book to determine the scope of the obligation."},{"type":"other","section":"sec.8AE(1)","severity":"medium","reasoning":"The structural rendering of s8AE(1) suggests these bullet points are floating within a condition paragraph. If they are conditions, the section is internally incoherent because it lists specific persons as conditions of applicability rather than as examples of who may hold relevant information. This is likely a drafting/formatting error but creates genuine ambiguity about the scope of the power.","confidence":0.72,"description":"The section lists conditions for making an information requirement but appears to contain orphaned text referencing 'a designated person under the Hospital and Health Boards Act 2011, part 7' and 'a person who is responsible for a biometric identification system' as standalone items within a conditional clause, without grammatical or logical connection to the surrounding text. The rendering suggests these were intended as examples but appear as conditions or sub-elements, creating ambiguity about whether they are exhaustive categories of persons or merely illustrative."},{"type":"other","section":"sec.8AJ(1)(b)","severity":"low","reasoning":"The fault element of 'knowing or being reckless as to' the other person being an unauthorised person adds little practical protection because unauthorised persons vastly outnumber authorised ones, and anyone who has received an information matter illicitly (as an unauthorised disclosure recipient) would almost certainly be aware that the people around them lack disclosure authorisation.","confidence":0.65,"description":"An unauthorised disclosure recipient who further discloses to another unauthorised person only commits an offence if they know or are reckless as to the other person being unauthorised. However, under sec.8AC, every person who is not an authorised person is by definition unauthorised. Since the category of 'authorised persons' is narrow and defined, virtually anyone outside that category is unauthorised. The mental element requirement (knowledge/recklessness) is therefore almost always satisfied, making the qualification largely meaningless while creating an illusion of a higher fault threshold."},{"type":"other","section":"sec.3A(3)","severity":"medium","reasoning":"The jurisdictional logic is strained: the trigger for declaring an emergency in (say) northern New South Wales is satisfied by conditions in Queensland alone. While s3A(2) references the extraterritorial legislative power of Parliament, Queensland's extraterritorial power is not unlimited and cannot validly authorise coercive powers over persons and property in other states in circumstances where the connection to Queensland may be tenuous.","confidence":0.7,"description":"A senior officer may declare an emergency situation exists in respect of an area outside Queensland, but only if satisfied an emergency has arisen or is likely to arise IN Queensland. This means Queensland police can exercise coercive powers over areas in other Australian states or territories (or internationally) based solely on a Queensland nexus, without any requirement that the extraterritorial area itself faces any emergency, potentially conflicting with the sovereignty of other jurisdictions."},{"type":"impossible_compliance","section":"sec.8AAA(1)-(4)","severity":"low","reasoning":"The structure of the section acknowledges its own likely futility: approval is required only if 'reasonably practicable', which in a live explosive situation will rarely be the case. The section thus provides the appearance of oversight without the substance, while creating an administrative burden (post-hoc reporting) that may arrive after irreversible consequences have occurred.","confidence":0.78,"description":"Section 8AAA creates a prior approval requirement for destroying an explosive likely to cause structural damage 'if it is reasonably practicable to do so', then separately requires notification after the fact if approval was not obtained. In a genuine explosive emergency, prior approval from an assistant commissioner will almost never be 'reasonably practicable', meaning the prior approval requirement is effectively optional while the post-hoc notification requirement is effectively mandatory. The pre-approval safeguard is largely illusory."},{"type":"other","section":"sec.8AI(1) and sec.8AF(3)(k)","severity":"low","reasoning":"The notification obligation in s8AF(3)(k) is procedurally redundant because the prohibition expires automatically at the end of the emergency situation. However, it could create liability for failure to notify even though the person's rights are unaffected by whether notification is given.","confidence":0.6,"description":"Section 8AI prohibits disclosing an 'information matter' during the emergency period. Section 8AF(3)(k) requires police to inform the person that they will be told when the emergency situation has ended. The prohibition in s8AI is limited to 'during the period of an emergency situation', meaning it automatically lifts on conclusion of the emergency. The promise in s8AF(3)(k) to notify the person when the emergency ends is therefore informing them of the automatic expiry of a legal prohibition - it adds no rights and creates an administrative obligation to notify people of something that occurs by operation of law regardless."}],"contradictions":[{"severity":"medium","section_a":"sec.8(2)","section_b":"sec.8(3)","confidence":0.7,"description":"Section 8(2) prohibits giving a resource operator direction or help direction that would expose a person to 'imminent danger'. Section 8(3) requires a person given such a direction to comply unless they have a 'reasonable excuse'. If a direction was lawfully given without imminent danger at the time, but circumstances change so that compliance would expose the person to imminent danger, the person's refusal to comply would likely constitute a 'reasonable excuse' under s8(3). However, s8(2) only restricts the giving of directions, not their withdrawal, creating a gap where a direction that becomes dangerous mid-compliance has no clear statutory mechanism for withdrawal, yet non-compliance remains a criminal offence."},{"severity":"high","section_a":"sec.8AG(2)","section_b":"sec.8AG(5)","confidence":0.8,"description":"Section 8AG(2) provides that it is a reasonable excuse not to give information if doing so 'might tend to incriminate the individual'. Section 8AG(5) states the obligation to comply applies 'despite any requirement to maintain confidentiality or other restriction on giving the information, whether imposed under an Act or a rule of law'. The privilege against self-incrimination is both a common law rule and may be protected under various Acts. Section 8AG(5) arguably overrides the very reasonable excuse preserved in s8AG(2), creating a direct internal contradiction as to whether self-incrimination privilege is protected or overridden."},{"severity":"medium","section_a":"sec.4A(1)","section_b":"sec.6","confidence":0.82,"description":"Section 4A(1) states this Act 'does not prevent a person from declaring a state of disaster or another emergency under another Act', and s4A(2) states the existence of another declaration does not prevent powers being exercised under this Act. However, s6 mandates that a declaration under s5 in force when a disaster situation is declared under the Disaster Management Act 2003 MUST be revoked (subject to a reasonable grounds belief exception). This creates a contradiction: s4A asserts concurrent operation of declarations while s6 creates a mandatory revocation obligation that directly undermines concurrent operation."},{"severity":"high","section_a":"sec.8AL(3)(a)(iii)","section_b":"sec.8AM(4)","confidence":0.85,"description":"Section 8AL(3)(a)(iii) expressly permits a person to request a disclosure notice for the purpose of 'seeking legal advice in relation to the information requirement'. Section 8AM(4) and its example confirm that giving such a disclosure notice does not affect the time for compliance, including where compliance is required 'immediately' under s8AE(5)(a)(i). These provisions directly contradict each other: the right to seek legal advice before complying is explicitly recognised, but the mechanism for exercising it (obtaining and using a disclosure notice) is expressly stated not to delay the compliance obligation, rendering the right inoperative in urgent cases."},{"severity":"low","section_a":"sec.8AK(2)","section_b":"sec.8AF(3)(j)","confidence":0.65,"description":"Section 8AK(2) provides that a notice releasing a person from disclosure prohibitions 'may' be given by the emergency commander or a police officer acting on instructions. Section 8AF(3)(j) states as a mandatory relevant matter to be communicated that 'a police officer may give the person a written notice under section 8AK'. The use of 'may' in both provisions is consistent, but s8AF(3)(k) promises that if no s8AK notice is given during the emergency, 'a police officer will inform the person when the emergency situation has ended'. The word 'will' in paragraph (k) is mandatory in tone, yet there is no corresponding duty created elsewhere in the Act, and no offence or consequence for failure to so inform, creating a promise without legal force."},{"severity":"medium","section_a":"sec.7(3)(a)","section_b":"sec.7(2)","confidence":0.75,"description":"Section 7(2) allows the emergency commander to delegate 'functions under this Act, including the power to subdelegate functions'. Section 7(3)(a) excludes from this delegation power the function to 'issue an emergency situation certificate'. However, s5(3) requires the emergency commander to issue an emergency situation certificate 'as soon as practicable after making the declaration'. If the emergency commander is unavailable (the very circumstance contemplated by s7(1)), the certificate cannot be issued by a delegate, yet s5(4) allows another senior officer to revoke the declaration. This creates a situation where the declaration can be revoked by a substitute officer but the certificate confirming the declaration's existence cannot be issued by anyone other than the original emergency commander, potentially leaving the legal record incomplete."}]},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 1986 Act was a relatively straightforward emergency powers law giving police operational control during crises. Over time — particularly through amendments in 2003, 2007, 2015, 2016, and 2017 — the scope expanded significantly to cover: terrorist emergencies and CBR (chemical, biological, radiological) threats as distinct regimes; extraterritorial application beyond Queensland's borders; a detailed coercive information-gathering framework with gag-order provisions; and moving-area declarations that track people or vehicles. What began as a localised incident-management tool became a broad national-security and counter-terrorism instrument."},"complexity_factors":["Multiple distinct emergency regimes layered within the one Act (general emergency situation, terrorist emergency, CBR emergency, extraordinary emergency authorisation) each with different powers and thresholds","Extensive information-gathering framework with a complex web of defined roles: 'authorised persons', 'unauthorised persons', 'disclosure recipients', 'relevant officers' — each with different obligations and offences","Tiered offence structure: standard offences (penalty units or 1 year imprisonment) escalate to serious crimes (10 years imprisonment) based on intent or knowledge — requiring careful parsing of mental elements","Extraterritorial application provisions that interact with constitutional limits on state legislative power, creating jurisdictional complexity","Multiple cross-referencing sections (e.g., 8AE references 8AF which references 8AN which references 8AL) making linear reading difficult","Disclosure notice framework (sections 8AA to 8AN) creates an elaborate gag-order system with exceptions, sub-exceptions, and procedure-specific carve-outs","Interaction with multiple other Acts (Disaster Management Act 2003, Police Powers and Responsibilities Act 2000, Acts Interpretation Act 1954, Hospital and Health Boards Act 2011)","Delegation and subdelegation rules with specific exclusions for certain functions, adding procedural complexity","Moving area declarations that can follow a person or vehicle across state borders — an unusual and technically complex mechanism","Significant number of amendments since 1986 (1995, 2003, 2007, 2010, 2015, 2016, 2017, 2023) creating layered legislative history that is difficult to read as a coherent whole"],"plain_english_summary":"## What is this law?\n\nThe **Public Safety Preservation Act 1986** (Queensland) is an emergency powers law that gives Queensland Police sweeping special powers whenever a serious emergency arises — whether that's a terrorist attack, a chemical or biological threat, an explosion, or another dangerous situation that threatens public safety.\n\n## Who does it affect?\n\nThis law can affect **anyone in Queensland** (or even outside Queensland in some cases). If police declare an emergency under this Act, ordinary members of the public, business owners, workers, and organisations can all be directly impacted.\n\n## What can police actually do under this law?\n\nWhen a senior police officer declares an \"emergency situation\" exists, police gain extraordinary powers within the declared area, including:\n\n- **Seizing your property** (vehicles, equipment, buildings — called \"resources\") and directing you to hand them over\n- **Ordering you to operate your own equipment** as directed (e.g., a crane operator told to use their crane)\n- **Evacuating and excluding people** from areas, using force if necessary\n- **Closing roads and public places**\n- **Entering and searching premises** by force\n- **Ordering you to assist** police operations\n- **Destroying explosives** found in the area (with senior approval if it might damage buildings)\n\nFor **terrorist emergencies or chemical/biological/radiological (CBR) threats**, additional special powers apply, including appointing specialist commanders and expanded search, entry, and control powers.\n\n## The information-gathering powers (a big deal)\n\nPolice can also **legally compel you to hand over information** during an emergency — even information you'd normally keep confidential (like medical records or CCTV footage). This overrides most other secrecy laws.\n\nIf you're ordered to provide information:\n- You **must comply** or face fines or up to **1 year in prison**\n- If you deliberately withhold information to endanger people or sabotage the emergency response, you can face up to **10 years imprisonment**\n- You **cannot tell most other people** about the fact you've been asked, or what you were asked — this is like a secrecy order, and breaching it can also lead to **up to 10 years jail** in serious cases\n- You *can* tell your lawyer (if police approve), your employer (in limited circumstances), or make a complaint to the Crime and Corruption Commission\n- You have a right **not to answer** if your answer might incriminate you, or if the information is protected by legal professional privilege (lawyer-client confidentiality)\n\n## How far does this law reach?\n\nSurprisingly far — the Act **applies outside Queensland**, meaning police powers can extend to other states or internationally if the emergency situation connects back to Queensland.\n\n## How long does an emergency declaration last?\n\nUntil a senior officer revokes it. There is no automatic expiry written into the general emergency situation powers.\n\n## Safeguards\n\n- Police must have **reasonable grounds** before declaring an emergency or exercising powers\n- Police **cannot** direct you to do something that puts you in **immediate danger**\n- Records must be kept (emergency certificates kept for at least 6 years)\n- This Act coexists with, but doesn't replace, other emergency laws like the *Disaster Management Act 2003*"},"kimi_summary":{"_metrics":{"completionTokens":1077},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded dramatically from its original 1986 scope. Originally focused on general emergency situations, it has grown to include: (1) terrorist emergencies (added 2007) with specific powers for biometric collection, digital device access, and extended detention; (2) CBR emergencies (added 2003) with medical detention and forced decontamination powers; (3) extraordinary emergency powers (added 2017) for warrantless searches and movement control in non-terrorist emergencies involving explosives or hostage situations; (4) comprehensive information-gathering and secrecy framework (added 2016); and (5) surveillance device authorisations (added 2017). The extraterritorial provisions also significantly extend Queensland's reach beyond its borders."},"complexity_factors":["Multiple overlapping emergency regimes (emergency situation, terrorist emergency, CBR emergency) with different triggers, durations, and powers","Extensive cross-referencing between Parts 2, 2A, and 3, with powers in one part being 'read across' to others via complex deeming provisions","Nested delegation chains: emergency commander → police officers → sub-delegation, with specific exclusions for certain functions","Detailed procedural requirements for declarations, certificates, amendments, and revocations with specific timeframes and notification obligations","Sophisticated information disclosure framework with 'information matters', 'authorised persons', 'unauthorised persons', 'disclosure recipients', and 'disclosure notices' creating multiple tiers of secrecy obligations","Extraterritorial application provisions with conditional logic for when powers apply outside Queensland","Interaction provisions with other legislation (Police Powers and Responsibilities Act, Disaster Management Act, etc.) including 'despite' clauses and conditional overrides","Multiple commander roles (emergency commander, terrorist emergency commander, terrorist emergency forward commander, TERC commander, CBRE commander) with overlapping but distinct powers","Complex evidentiary provisions with deemed authenticity, conclusive evidence clauses, and presumptions of authority","Transitional provisions preserving former versions of amended sections for pre-commencement matters"],"plain_english_summary":"**What this law does:**\n\nThis is Queensland's **Public Safety Preservation Act 1986**, which gives police extraordinary powers to deal with three types of emergencies:\n\n1. **Emergency situations** (general emergencies like natural disasters, riots, or major incidents)\n2. **Terrorist emergencies** (specifically for terrorist acts)\n3. **CBR emergencies** (chemical, biological, or radiological incidents)\n\n**Who it affects:**\n- **Police officers** – can declare emergencies, command resources, evacuate areas, search people and property, detain individuals, and compel information from the public\n- **The public** – can be forced to surrender property, evacuate premises, provide personal information, give access to digital devices, and assist police under threat of criminal penalties\n- **Government agencies** – can be directed by police to take specific actions\n- **Employers** – cannot sack workers who are absent because police directed them to help\n\n**Key powers granted:**\n- **Emergency commanders** (senior police) can declare an emergency exists in any area, including areas that move (like following a vehicle or person)\n- Police can **take control of any resource** (vehicles, equipment, buildings), **force evacuations**, **close roads**, **search premises without warrants**, and **destroy explosives**\n- **Terrorist emergency powers** include controlling movement of people, searching without warrants, collecting biometric data (fingerprints, photos), and requiring passwords/access to digital devices\n- **CBR emergency powers** include medical detention, forced decontamination, destruction of contaminated property, and isolation of affected people\n- **Information-gathering powers** allow police to compel anyone to provide information relevant to an emergency, with penalties up to 1 year imprisonment for non-compliance (or 10 years for aggravated offences)\n\n**Why it matters:**\nThis law creates a framework where normal legal protections are suspended during emergencies. Police can override property rights, privacy, and freedom of movement with minimal oversight. The law has expanded significantly since 1986 – originally for general emergencies, it now specifically covers terrorism and CBR incidents, with increasingly intrusive surveillance and data collection powers. The extraterritorial provisions mean Queensland police can exercise these powers outside Queensland if an emergency affects Queensland.\n\n**Important safeguards:**\n- Declarations must be the \"smallest area reasonably necessary\"\n- Terrorist emergencies automatically expire after 7 days (extendable to 28 days by Minister/Premier, or longer by regulation)\n- CBR emergencies expire after 24 hours (extendable to 7 days, or longer by regulation)\n- Detention beyond 48 hours in CBR emergencies requires Supreme Court approval\n- Reports must be tabled in Parliament after emergencies end\n- Compensation may be available for property damage or destruction"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Originally a simple Act enabling police to declare emergencies and give basic directions, it has expanded dramatically through amendments (especially 2007, 2016, 2017) to include: warrantless searches and seizures, biometric data collection (fingerprints, photos), digital device access with penalties for non-compliance, broad information-gathering powers with secrecy offences, terrorist emergencies with its own command structure and extended durations, CBR emergencies with detention powers requiring court approval after 48 hours, and surveillance device authorisations. The scope now covers counter-terrorism and CBR response beyond mere public safety preservation."},"complexity_factors":["Over 100 sections with many subdivisions","Multiple hierarchy of commanders and officers (emergency, terrorist emergency, TERC, CBRE)","Heavy use of defined terms (schedule dictionary with many defined terms)","Cross-references between parts and divisions (e.g., s.8E incorporates part 2 divisions 2 and 3)","Nested conditions and exceptions (e.g., s.8AG has escalating penalties based on intent)","Different time limits for different emergency types (24h, 7 days, 28 days)","Procedural requirements for certificates, delegations, reports","Interaction with other Acts (Police Powers, Disaster Management, etc.)"],"plain_english_summary":"This is a Queensland law that gives police and other emergency responders special powers to deal with major emergencies. It covers three types of emergencies:\n\n- **General emergency situations** – when something serious happens (like an explosion or hostage situation), a senior police officer can declare an emergency area. Inside that area, police can direct people to leave, take control of property or vehicles, search premises, and demand information. There is a penalty for not following a lawful direction (up to $4,000 or 1 year jail).\n- **Terrorist emergencies** – specifically for terrorist acts. A terrorist emergency forward commander can be appointed, and a declared area is set up. Police can stop and search people and vehicles without a warrant, require names and addresses, take fingerprints and photos, and access digital devices. A terrorist emergency can last up to 7 days, extendable by the Minister and Premier up to 28 days, and further by regulation.\n- **CBR (chemical, biological, radiological) emergencies** – when a CBR substance poses a serious risk to life or health. A senior police officer can declare a CBR emergency, and authorised emergency responders (ambulance, fire, health, police, veterinary officers) can seize and destroy property, decontaminate people, medically examine and treat people, detain people, and direct movement. Detention beyond 48 hours requires Supreme Court approval.\n\nThe Act also allows surveillance device use in emergencies and provides some compensation for property loss (ex gratia payments decided by the Governor in Council) and employment protections. Officials are protected from liability if they act in good faith and without negligence.\n\nWho it affects: Everyone in Queensland – the public can have their movements restricted, property seized or destroyed, personal information demanded, and be searched or detained during declared emergencies. Businesses may have resources taken over. Workers can be directed to assist.\n\nWhy it matters: It grants very broad powers to police and other officials during emergencies, with limited oversight. The trade-off is between public safety and individual rights. Compensation is discretionary, not automatic. The Act has grown well beyond its original simple purpose for public safety to include extensive counter-terrorism and CBR response powers."}},"importantCases":[],"_links":{"self":"/api/acts/public-safety-preservation-act-1986","history":"/api/acts/public-safety-preservation-act-1986/history","analysis":"/api/acts/public-safety-preservation-act-1986/analysis","conflicts":"/api/acts/public-safety-preservation-act-1986/conflicts","importantCases":"/api/acts/public-safety-preservation-act-1986/important-cases","documents":"/api/acts/public-safety-preservation-act-1986/documents"}}