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Disaster Management Act 2003
sec.112General powers
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### sec.112 General powers
This section applies if, under section 111 (1) , a person enters a place.
The person may take reasonable steps to avoid the imminent risk of death or injury of a person.
If it is reasonable in the circumstances, the person may do all of the following having regard to the purpose of the entry—
search any part of the place;
open, using reasonable force, a container or other thing at the place;
remove any thing from the place;
destroy or damage premises, a vehicle, container or other thing;
take into or onto the place the equipment, persons or materials the person reasonably requires to exercise a power under this section;
direct another person to leave, or not to enter, an area in or near the place if the person considers the direction is necessary to protect a person’s life or health;
require someone at or near the place, to give the person reasonable help to exercise the person’s powers under paragraphs (a) to (e) .
When giving a direction or making a requirement mentioned in subsection (3) (f) or (g) , the person must warn the other person it is an offence to fail to comply with the direction or requirement unless the other person has a reasonable excuse.
For offences about failing to comply with a direction or requirement under section 112 (3) (f) or (g) , see sections 116 (Failure to comply with direction) and 117 (Failure to help particular persons).
s 112 amd 2012 No. 43 s 325 sch 2
(sec.112-ssec.1) This section applies if, under section 111 (1) , a person enters a place.
(sec.112-ssec.2) The person may take reasonable steps to avoid the imminent risk of death or injury of a person.
(sec.112-ssec.3) If it is reasonable in the circumstances, the person may do all of the following having regard to the purpose of the entry— search any part of the place; open, using reasonable force, a container or other thing at the place; remove any thing from the place; destroy or damage premises, a vehicle, container or other thing; take into or onto the place the equipment, persons or materials the person reasonably requires to exercise a power under this section; direct another person to leave, or not to enter, an area in or near the place if the person considers the direction is necessary to protect a person’s life or health; require someone at or near the place, to give the person reasonable help to exercise the person’s powers under paragraphs (a) to (e) .
(sec.112-ssec.4) When giving a direction or making a requirement mentioned in subsection (3) (f) or (g) , the person must warn the other person it is an offence to fail to comply with the direction or requirement unless the other person has a reasonable excuse. For offences about failing to comply with a direction or requirement under section 112 (3) (f) or (g) , see sections 116 (Failure to comply with direction) and 117 (Failure to help particular persons).
- (a) search any part of the place;
- (b) open, using reasonable force, a container or other thing at the place;
- (c) remove any thing from the place;
- (d) destroy or damage premises, a vehicle, container or other thing;
- (e) take into or onto the place the equipment, persons or materials the person reasonably requires to exercise a power under this section;
- (f) direct another person to leave, or not to enter, an area in or near the place if the person considers the direction is necessary to protect a person’s life or health;
- (g) require someone at or near the place, to give the person reasonable help to exercise the person’s powers under paragraphs (a) to (e) .