Cocos (Keeling) Islands Emergency Management Ordinance 2012
16ATerritory Controller may make emergency situation declaration
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16A Territory Controller may make emergency situation declaration
(1) The Territory Controller may declare that an emergency situation exists in the Territory or part of the Territory if he or she is satisfied that: (a) an emergency has occurred, is occurring or is imminent; and (b) extraordinary measures are required to prevent or minimise any of the following: (i) loss of life of humans or animals; (ii) illness of, or injury to, humans or animals; (iii) property loss or damage; (iv) damage to the environment. (1A) The Territory Controller may declare that an emergency situation exists in the Territory or part of the Territory if: (a) a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force; and (b) the Territory Controller is satisfied that: (i) the emergency to which the national emergency declaration relates is affecting, or is likely to affect, the Territory; and (ii) extraordinary measures are required to prevent or minimise the effect, or likely effect, of that emergency on the Territory. (2) Before making a declaration, the Territory Controller must take reasonable steps to consult the Committee. (3) However, a failure to consult the Committee does not affect the validity of a declaration. (4) A declaration may be given orally or in writing, and must state: (a) the time and date the declaration commences; and (b) the period for which the declaration has effect, being a period of not more than 3 days, commencing on the date the declaration commences. (5) An oral declaration must be recorded in writing, and signed by the Territory Controller, as soon as practicable after it commences.